EAC Backup 12/07/2011 EAR Amendments County Clerks Office
4th Floor Administration Building (F)
Attn: Patricia Morgan
COLLIER COUNTY
GROWTH MANAGEMENT
PLAN
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ENVIRONMENTAL ADVISORY COMMITTEE (EAC)
2011 EAR-Based GMP Amendments Transmittal
Section 1: Transmittal EAC Staff Report
Section z: Summary- Recommended changes by the CCPC per the 2011 EAR-Based
Amendments workshop held on 10/14/2011
Section 3: Recommended changes of the Public Facilities Element, Drainage Sub-Element
Section 4: Recommended changes of the Public Facilities Element, Natural Groundwater
Aquifer Recharge (NGWAR) Sub-Element
'Section 5: Recommended changes of the Conservation & Coastal Management Element
(CCM E)
SECTION 1
TRANSMITTAL
"EAC" STAFF REPORT
marmigaisolow
STAFF REPORT
ENVIRONMENTAL ADVISORY COUNCIL
EVALUATION AND APPRAISAL REPORT(EAR)—BASED
GROWTH MANAGEMENT PLAN AMENDMENTS
TO: COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL
FROM: COMPREHENSIVE PLANNING SECTION, LAND DEVELOPMENT SERVICES
DEPARTMENT, GROWTH MANAGEMENT DIVISION
HEARING DATE: DECEMBER 7, 2011
SUBJECT: REVIEW OF PROPOSED COLLIER COUNTY GROWTH MANAGEMENT PLAN
AMENDMENTS BASED ON THE 2011 EVALUATION & APPRAISAL REPORT
SPECIFICALLY, AMENDMENTS TO THE DRAINAGE SUB-ELEMENT AND NATURAL
GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE PUBLIC FACILITIES
ELEMENT; AND, CONSERVATION AND COASTAL MANAGEMENT ELEMENT; AND
FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [TRANSMITTAL HEARING]
INTRODUCTION
The contents of the accompanying notebook comprise the proposed 2011 Evaluation & Appraisal
Report (EAR)-based Growth Management Plan amendments for the Environmental Advisory Council
(EAC). The goal of staff is to have the EAC consider the EAR-based amendments and provide a
recommendation on the proposed amendments to carry forward through subsequent Transmittal
hearings, by the Collier County Planning Commission (CCPC) and Board of County Commissioners
(BCC).
BACKGROUND
Florida Statutes require all local governments within the State to maintain comprehensive planning
programs based upon an adopted local government comprehensive plan. As part of this planning
requirement, the local government must monitor changing conditions and use this information to guide
periodic amendments to the local comprehensive plan. Within Collier County the local comprehensive
plan is the Growth Management Plan (GMP), originally adopted by Ordinance No. 89-05.
The periodic amendment process, which occurs once every seven years, as described in Chapter
163.3191, F.S., is a two-phase process referred to as the Evaluation &Appraisal Report (EAR). The
EAR evaluates the performance of the various Elements of the local government comprehensive plan
since the previous EAR-based amendment process. It assesses the successes and shortcomings of
the various Goals, Objectives, and Policies included within the GMP and provide recommendations
for necessary changes. Additionally, the EAR is the primary means by which the local plan can
respond to changes in federal, state or regional planning requirements.
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Comprehensive Planning Section
Land Development Services Department
The recommendations contained in the EAR have become the basis of proposed amendments to the
local government comprehensive plan, the second — and present — phase of the process. These
EAR-based amendments, as reviewed by the EAC and the CCPC, and subsequently adopted by the
BCC and found in compliance with the Chapter 163, F.S., become part of the Goals, Objectives and
Policies of the GMP until the next EAR is prepared in seven years.
STAFF ANALYSIS
The amendments that are the subject of this staff report are limited in scope primarily to those
recommended in the EAR. Though not necessarily recommended by specific reference in the EAR,
general updating and word-smithing ("housecleaning") amendments are allowed as part of this
amendment process; these include the wholesale removal of references to Rule 9J-5 of Florida
Administrative Code (F.A.C.) made necessary by the State's adoption of HB 7207, properly
referencing applicable sections of Chapter 163 of Florida Statute, updating ordinance numbers,
revising/correcting government agency names, word-smithing, reformatting, and rearranging the order
of Districts/Subdistricts, etc. [Sidenote: with the adoption of HB 7207, the "R" in the "EAR"process
now stands for"Review"rather than "Report".]
Within each Element of the workbook are the Goals and Objectives of the respective Element
recommended for change. Certain Goals and Objectives are being provided to grant context for the
policies where changes have been directed. Where a Goal or Objective is recommended for change,
it is accompanied by a [bracketed notation] indicating the nature of such change and its present page
location in the Element for reference. As noted, additional detail related to the proposed modifications
may be found in the adopted EAR assessment report included for each Element in this notebook.
Where a Goal or Objective is not recommended for change, it is accompanied by a [bracketed
notation]to provide context for the subsequent Policies that are to change.
Not included in proposed EAR-based amendments is the Immokalee Area Master Plan (TAMP), which n
is currently and separately in the process of consideration for amendment. Additionally, the Rural
Lands Stewardship Area (RLSA) amendments, generated at the conclusion of the RLSA 5-Year
review and designated within the EAR as the Overlay's assessment, are not included in the EAR-
based amendments and will be processed within a cycle expected to begin with a workshop with the
CCPC in early 2012.
Organization of Proposed EAR-based Amendments
The proposed 2011 EAR-based amendments are organized into a single-bound report containing 3
parts:
• Each of the GMP Elements with the proposed strike through and underlined modifications to
the appropriate Policies and Objectives, updated per the CCPC Workshop;
• The Summary of Changes Recommended at CCPC Workshop on EAR-based GMP
Amendments. This Summary identifies those amendments confirmed by the CCPC for those
Elements and Sub-Elements to be considered by the EAC for transmittal; and,
• The corresponding adopted EAR Assessment of Successes & Shortcomings and
Recommendations report for each Element. The adopted EAR Assessment report for each
Element is included to provide the original guidance for the proposed amendments within the
Element.
n
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Comprehensive Planning Section
Land Development Services Department
As described above, the structure of the EAR-based GMP amendments inter-relates all of the
chapters contained in the report. Based upon the scope of review for the EAC however, all GMP
Elements and Sub-Elements are not provided within the EAC EAR-based amendment notebooks. To
correspond with the area of concentration of the EAC, the Elements provided for are the Conservation
and Coastal Management Element (CCME), the Natural Groundwater Aquifer Recharge Sub-Element
(NGWAR), and the Drainage Sub-Element.
STAFF RECOMMENDATION
That the EAC forward these EAR-based GMP amendments to the Collier County Planning
Commission with a recommendation to approve for Transmittal to the Florida Department of Economic
Opportunity.
PREPARED BY:
CORBY CHtVMIDT,AICP, PRI CIPAL PLANNER DATE
GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION
LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION
REVIEWED BY:
gb_e,-\:- 1,14A-------- ll-(r-t/
DAVID WEEKS,AICP, GMP MANAGER DATE
GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION
LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION
I LLIAM D. LOR' Z, JR., '.E., DIRECTOR DATE
GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION
LAND DEVELOPMENT SERVICES DEPARTMENT
PROVEIa�BY:
' \IL, A .------,
NICK CASALANGUIDA C��w�' t DA.tL�C
DEPUTY DIVISION ADMINI TRATOR
GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION
G:ICDES Planning Services\Comprehensive12011 EAR-BASED GMP AMENDMENTS\EAC transmittal-EAR-based GMP amendments\7 Dec 11 EAC Transmittal Hearing
-EAR-based Amendments-Staff Report_4.docc
- 3 -
Comprehensive Planning Section
Land Development Services Department
SECTION 2
SUMMARY OF CHANGES
PER CCPC EAR-BASED
GMP AMENDMENTS WORKSHOP
HELD ON 10/14/2011
SUMMARY OF CHANGES
RECOMMENDED AT CCPC WORKSHOP ON EAR-BASED GMP AMENDMENTS
1. Public Facilities Element
a. Drainage Sub-Element(D)
No additional CCPC or staff changes to the Drainage Sub-Element were recommended at the
October 14, 2011 workshop.
b. Natural Groundwater Aquifer Recharge Sub-Element (NGWAR)
CCPC changes to the NGWAR Sub-Element as recommended at the October 14, 2011
workshop:
• Policy 1.2: Retain Policy as written [This Policy describes an activity conducted
Countywide. Additional language to emphasize a specific geographical area is not
necessary. The CCPC EAR Recommendation to provide for this specificity is withdrawn,
and this Policy would not change.]
• Policy 3.3: Retain Policy as written [This Policy describes an activity conducted
Countywide. Additional language to emphasize a specific geographical area is not
necessary. The CCPC EAR Recommendation to provide for this specificity is withdrawn,
and this Policy would not change.]
• Policy 3.5: Revise Policy as recommended without additional statement [This Policy
describes an activity conducted Countywide. Additional language to emphasize a specific
geographical area is not necessary. The CCPC EAR Recommendation to provide for this
specificity is withdrawn.]
Staff changes approved by the CCPC [Items inadvertently overlooked by staff during document
preparation.]
• OBJECTIVE: 4: Revise the phrase, "but are limited to"to read, "but are not limited to"
2. Conservation& Coastal Management Element(CCME)
CCPC changes to the CCME as recommended at the October 14, 2011 workshop:
• Policy 2.1.6: Retain Policy[Premature to remove Policy prior to the adoption of the Watershed
Management Plans by the BCC.]
• Policy 2.2.5: Insert the phrase, "if feasible" after the phrase, "stormwater management systems
be inspected and," [Requirement for stormwater management system inspections by a licensed
Florida professional engineer is problematic and costly for HOAs, etc.]
• Policy 6.2.1: Delete the word, "project" and insert the phrase, "Environmental Resource
Permitting"within the last sentence [Clarification by CCPC]
— 1 —
Staff changes approved by the CCPC at the October 14, 2011 workshop [Items inadvertently
overlooked by staff during document preparation":
• Objective 3.2: Delete the phrase, "Implement a" and insert the phrase, "Continue the"
• Objective 9.4: Delete the phrase, "Continue to implement" and insert the word, "Maintain"
• Policy 10.1.6 (renumbered): In the second sentence, insert the word "marine" before the word
"wetlands"
• Objective 10.5: Insert the phrase, "For undeveloped shorelines" at the beginning of the
sentence
G:ICDES Planning Services\Comprehensive12011 EAR-BASED GMP AMENDMENTSIccpc workshop-ear-based gmp amendmentslPOST-WORKSHOP SUMMARY OF ,••••
CHANGES 11-14-11.docx
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SECTION 3
RECOMMENDED CHANGES
OF
PUBLIC FACILITIES
EL FMENT
DRAINAGE SUBEL1H:MENT
EAR-SMSE Stormwater Management Sub-Element—EAC Transmittal Draft 10-18-11
Goal, Objectives and Policies
Public Facilities Element/Drainage Sub-Element(DS-E)
GOALS, OBJECTIVES AND POLICIES [Revised text, page 3]
DRAINAGE SUB ELEMENT
GOAL: [Rephrased to improve format as a"goal", revised text,page 3]
• ---'_' • - - -. .- TO PROVIDE STORMWATER MANAGEMENT FACILITIES
AND SERVICES FOR DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND
FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF
RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE
FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS.
OBJECTIVE 1 (CAPITAL FACILITY PLANNING FOR DRAINAGE SYSTEMS):
[Rephrased to improve format as an"objective", revised text,page 3]
The County shall u Utilize the Annual Update and Inventory Report on Public Facilities (AUIR)
process to update the Drainage Atlas Maps County Geographic Information System and
Channel/Structure Inventory components of the adopted Water Management Master Plan and to
verify the existing watershed basin boundaries within Collier County. The County will also
verify the design storm capacity of the drainage facilities within each basin, and determine the
costs necessary to maintain the facility capacities to selected design storm standards. This
information shall be used to program operational funds in the Annual County Budget and to
identify necessary capital projects and basin studies in the Annual Capital Improvement Element
update and A amendment.
*** *** *** *** *** text break *** *** *** *** ***
Policy 1.2: [Revised text,page 3]
County drainage system and stormwater management network capital facility planning shall be
designed to implement procedures and projects in a manner to ensure that adequate stormwater
management facility capacity is available at the time a development permit is issued, or that such
capacity will be available when needed to serve the development.
Policy 1.3: [Revised text,page 3]
The County shall continue to develop public drainage facilities and stormwater management
network, which maintain the groundwater table as a source of recharge for the County's potable
water aquifers, provide a source of irrigation water for agricultural, horticultural and golf course
operations and provide water to native vegetation.
*** *** *** *** *** text break *** *** *** *** ***
DRAFT Words underlined are added;words strusl-t rough are deleted. 1
EAR-SMSE Stormwater Management Sub-Element—EAC Transmittal Draft 10-18-11
OBJECTIVE 2: Rephrased to improve format as an"objective", revised text,page 4]
The County shall m Maintain adopted drainage level of service standards for basins and sub-
basins identified in the Water Management Master Plan. Maintenance of the drainage level of
service (LOS) identified for each basin will be implemented through the watershed management
planning process identified within Goal 2 of the Conservation and Coastal Management Element
of this Growth Management Plan.
Policy 2.1: [Revised text,pages 4, 5, 6]
The following levels of service for drainage are hereby adopted for the purpose of issuing
A. Future "private" developments water quantity and quality standards as specified in
•I I • -
Code Ordinance Number 2004 11, as amended.
existing Levels of Service identified (by design storm return frequency event) by the
LEVELS OF SERVICE ATTAINED BY BASINS
BASIN LEVEL OF
SERVICE
MAIN GOLDEN GATE SYSTEM
Main Golden Gate Canal Basin D
Cypress Canal Basin D
D
I 75 Canal Basin D
Airport Road Canal South Basin D
Corkscrew Canal Basin D
Orange Tree Canal Basin D
951 Canal Central Basin
DISTRICT NO. 6 SYSTEM
Rock Creek Basin D
C 1 Canal Basin C
Lely Main Canal Basin D
Lely Canal Branch Basin D
Lely Manor Canal Basin D
Haldeman Creek Basin D
. e . -
COCOHATCHEE RIVER SYSTEM
Cocohatchee River Basin D
Pine Ridge Canal Basin C n
DRAFT Words underlined are added;words ^�� + g:are deleted. 2
EAR-SMSE Stormwater Management Sub-Element—EAC Transmittal Draft 10-18-11
Palm River Canal Basin
- ., _ _ _ -
. _ - - • - - -
Airport Road Canal North Basin D
951 Canal North Basin D
GORDON RIVER EXTENSION
_. _. - :.
---- -- - - ., . ' .. _ !' _ :. •-
HENDERSON CREEK BASIN
Henderson Creek Basin
LEVELS OF SERVICE ATTAINED BY BASINS
BASIN LEVEL OF SERVICE
FAKA UNION SYSTEM
Faka Union Canal Basin
Miller Canal Basin
Merritt Canal Basin
SOUTHERN COASTAL BASIN
US 11 Outfall Swale No. 1 Basin D
US 11 Outfall Swale No. 2 Basin .D
- - '. . . • :. - C
BARRON RIVER SYSTEM
Barron River Canal North Basin C
Urban Immokalee Basin C
MISCELLANEOUS INTERIOR WETLAND
SYSTEMS
Corkscrew Slough Basin D
Policy 2.1:
The levels of service standards (LOSS) for drainage facilities and stormwater management
systems appear in Policy 1.5; subsection"C" in the Capital Improvement Element.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 3: [Rephrased to improve format as an"objective",revised text,page 6]
The County shall m Maintain and annually update a five-year schedule of capital improvements
for water management facilities in conformance with the annual review process described within
the Capital Improvement Element of the Growth Management Plan.
*** *** *** *** *** text break *** *** *** *** ***
DRAFT Words underlined are added;words stFitsli-thretig14 are deleted. 3
EAR-SMSE Stormwater Management Sub-Element—EAC Transmittal Draft 10-18-11
Policy 3.4: [Revised text,page 6]
County improvements to, and maintenance of, existing drainage facilities shall be a priority over
new construction projects in the urban and estates designated areas_ (exclusive of Southern
Golden Gate Estates is no longer open to development, so no facilities have priority there).
OBJECTIVE 4: [Rephrased to improve format as an"objective", revised text,pages 6, 7]
The County shall d Develop and maintain policies and programs to correct existing deficiencies
and to provide for future facility needs in accordance with the annual work program referenced in
the adopted Water Management Master Plan.
Policy 4.1: [Revised text,page 7]
with the Big Cypress Basin/South Florida Water Management District 5 Year Plan.
County capital stormwater management projects shall be undertaken in accordance with the
schedule provided in the Capital Improvement Element of this Plan. These projects shall be
undertaken in coordination with the Big Cypress Basin Strategic Plan.
Policy 4.2: [Revised text,page 7]
Collier County shall correct existing deficiencies and provide for future water management
facility needs through the formulation and implementation of an annual work programs. In order
to implement the annual work program, the County shall encourage the use of innovative funding
mechanisms including,but not limited to special taxing or assessment districts.
Policy 4.3: [Revised text,page 7]
The County shall develop and maintain a stormwater management public awareness program,
which will include, but not necessarily be limited to, a Collier County Stormwater Management
website. The primary purpose of this program shall be to provide information regarding the
County's stormwater management programs to the general public including, but not limited to,
the environmental enhancements that will result from the use of total water management
concepts within the existing drainage and stormwater management network.
OBJECTIVE 5: [Rephrased to improve format as an"objective", revised text,page 7]
The County shall continue to r Regulate land use and development in a manner that protects the
functions of natural drainage features, the stormwater management network and natural
groundwater aquifer recharge areas. Implementation of this Objective will be consistent with the
Watershed Management Planning process identified within Goal 2 of the Conservation and
Coastal Management Element of the Growth Management Plan, and with relevant provisions
contained within the adopted Land Development Code (Ordinance Number 2004-41, as
amended).
*** *** *** *** *** text break *** *** *** *** ***
DRAFT Words underlined are added;words strusk-through are deleted. 4
EAR-SMSE Stormwater Management Sub-Element—EAC Transmittal Draft 10-18-11
Policy 5.2:Y . [Revised text,page 7]
Based upon the periodic review described in Policy 5.1, the County shall develop any appropriate
new ordinances and regulations that are necessary to ensure protection of the functions of natural
drainage features, the stormwater management network and natural groundwater aquifer recharge
areas.
OBJECTIVE 6: [Rephrased to improve format as an"objective", revised text,page 7]
The County shall p Protect the functions of natural drainage features through the application of
standards that address the quality and quantity of discharge from stormwater management
systems. Implementation of this Objective will be consistent with the watershed management
planning process identified within Goal 2 and Objective 2.1 of the Conservation and Coastal
Management Element of the Growth Management Plan. This objective is made measurable
through the following policies:
*** *** *** *** *** text break *** *** *** *** ***
Policy 6.2: [Revised text,page 8]
Collier County's retention and detention requirements shall be the same aJ one hundred and fifty
percent (150%) of those provided in the South Florida Water Management District's Basis of
Review Environmental Resource Permit Information Manual, Volume IV, 2009, as it existed at
the time of project approval.
Policy 6.3: [Revised text,pages 8, 9]
Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and
25 year return frequency. The allowable off-site discharge rates are as follows:
a. Airport Road North Sub-Basin 0.04 cfs/acre
(North of Vanderbilt Beach Road)
b. Airport Road South Sub-basin 0.06 cfs/acre
(South of Vanderbilt Beach Road)
c. Cocohatchee Canal Basin 0.04 cfs/acre
d. Lely Canal Basin 0.06 cfs/acre
e. Harvey Basin 0.055 cfs/acre
f. Wiggins Pass Basin 0.13 cfs/acre
g. All other areas 0.15 cfs/acre
The County may exempt projects from these allowable off-site discharge rates if any of the
following applies:
1. The project is exempt from allowable off-site discharge limitations pursuant to Section
40E-400.315, FAC.
2. The project is part of an existing SFWMD permit, which allows discharge rates different
than from those listed above.
DRAFT Words underlined are added;words struck are deleted. 5
EAR-SMSE Stormwater Management Sub-Element—EAC Transmittal Draft 10-18-11
3. It can be documented that the project currently discharges off-site at a rate higher than
those listed above do. The documentation required for this purpose shall be prepared by a
registered professional engineer, and will consist of an engineering study which utilizes the
applicable criteria in the "SFWMD -: • . • - - • . . _ .. • - .. _
Applications Environmental Resource Permit Information Manual, Volume IV, 2009". The
study shall be subject to review and approval by the County and SFWMD staff. The study
shall include the following site-specific information:
a. Topography
b. Soil types and soil storage volume
c. Vegetation types
d. Antecedent conditions
e. Design rainfall hydrograph
f. Depression storage capacity
g. Receiving water hydrograph, and
h. Other relevant hydrologic and hydraulic data.
Using the above information, a hydrologic and hydraulic model shall be developed which
demonstrates the higher off-site discharge rate.
EAR-Stormwater Management Sub-E—EAC Transmittal DRAFT 10-18-11
G:ICDES Planning Services\Comprehensive12011 EAR-BASED GMP AMENDMENTSIEAC transmittal-EAR-based GMP amendments\Elements\Drainage-
CSIEAR-based Amendments_EAC Transmittal_Drainage_1.docx
CS
DRAFT Words underlined are added;words stfaslc-trough are deleted. 6
Assessment of the Successes& Shortcomings
and Recommendations
for the Public Facilities Element—Drainage Sub-Element
A. Introduction & Background:
The purpose of the Drainage Sub-Element is defined within its single Goal,which reads as follows:
COLLIER COUNTY SHALL PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING
AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING
WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF
NATURAL GROUNDWATER AQUIFER RECHARGE AREAS.
The intent of the Drainage Sub-Element is to assure the provision of drainage and flood protection
facilities and services that would enable the citizens of Collier County to meet their needs for
stormwater management while also assuring public health and safety in accordance with the criteria set
forth in Rule 9J-5, F.A.C., and Chapter 163, Florida Statutes.
The annual update and amendment to the Capital Improvement Element, adopted January 28, 2008
included the initial step toward re-naming of this Sub-Element from the "Drainage" Sub-Element to the
"Stormwater Management" Sub-Element. The new name should be used in all titles, headings and
text within this Sub-Element, and in all references to this Sub-Element found throughout the Growth
Management Plan.
Note that, in one respect, there is overlap in the intended purpose of the Drainage and Natural
Groundwater Aquifer Recharge Sub-Elements: both seek to protect aquifer recharge areas. However,
the emphasis of the Drainage Sub-Element is on surface water protection, whereas the emphasis of the
Natural Groundwater Aquifer Recharge Sub-Element is on groundwater protection. For an evaluation
of the Natural Groundwater Aquifer Recharge Sub-Element, refer to that Section of this Report. In
addition to the overlap of policies within the Drainage and Natural Groundwater Aquifer Recharge
Sub-Elements, there is also an overlap between the intended purpose of the Drainage Sub-Element and
Goal 2 of the Conservation & Coastal Management Element (refer to the CCME Section of this
Report), including the Watershed Management Plans discussed under Objective 2.1 of the CCME.
EAR-based amendments made to those sections should be reflected in this Sub-Element, as necessary.
As currently formatted, this Sub-Element consists entirely of a single Goal, and its supporting
Objectives and Policies.
The provision of public facilities and services for stormwater management, floodplain management
and flood protection, potable water supply and, aquifer recharge area protection and watershed
management are planned in correlation with future land use projections. This Goal should be
expanded to fully capture the County's goals in these areas and ensure collaboration in implementing
Objectives and applying Policies. These interdepartmental colaborations should also be recognized,
and strengthend if necessary, in the Conservation & Coastal Management Element (CCME) and
Intergovernmental Coordination Element(ICE) of this Growth Management Plan.
This Goal should be rephrased to improve its formatting as a"goal".
1
PUBLIC FACILITIES ELEMENT—DRAINAGE SUB-ELEMENT
B. Objectives Analysis:
OBJECTIVE 1:
The County shall utilize the Annual Update and Inventory Report on Public Facilities (AUIR)
process to update the Drainage Atlas Maps and ChanneUStructure Inventory components of
the adopted Water Management Master Plan to verify the existing watershed basin boundaries
within Collier County. The County will also verify the design storm capacity of the drainage
facilities within each basin, and determine the costs necessary to maintain the facility
capacities to selected design storm standards. This information shall be used to program
operational funds in the Annual County Budget and to identify necessary capital projects and
basin studies in the Annual Capital Improvement Element Update and Amendment.
Objective Achievement Analysis:
The above Objective requires drainage projects to be included in the County's Annual Update and
Inventory Report (AUIR), and thus the annual Capital Improvement Element and Schedule of Capital
Improvements update. The County has been diligent in adhering to this requirement. Each year the
County provides its latest AUIR to the Florida Department of Community Affairs along with its
submittal of its latest adopted Capital Improvement Element.
All mapping for the stormwater management system is now done in the GIS, and "Drainage Atlas
Maps" are no longer utilized. This reference should be changed to identify the GIS and update its
connection with the AUIR process.
Based on the above, this Objective is being achieved and should be retained, essentially as written.
This Objective should be rephrased to improve its formatting as an"objective".
[Public Comment from January 25, 2010 EAR Public Meeting — Suggesting the County should re-
evaluate monitoring and maintenance procedures for nutrient loads/pollution/water quality.]
OBJECTIVE 2:
The County shall maintain adopted drainage level of service standards for basins and sub-
basins identified in the Water Management Master Plan. Maintenance of the drainage level of
service (LOS) identified for each basin will be implemented through the watershed
management planning process identified within Goal 2 of the Conservation and Coastal
Management Element of this Growth Management Plan.
Objective Achievement Analysis:
The purpose of this Objective and its policies is to maintain and implement the County's adopted
drainage LOS standards for its established drainage basins. Implementation provisions are based in the
CCME. Based on the above, this Objective is being achieved and should be retained, essentially as
written. This Objective should be rephrased to improve its formatting as an"objective".
2
PUBLIC FACILITIES ELEMENT—DRAINAGE SUB-ELEMENT
Policy Relevance:
There are two (2)policies within this Objective.
Policy 2.1:
The following levels of service for drainage are hereby adopted for the purpose of issuing
development permits. Upon completion of each associated Watershed Management Plan, the
level of service will be modified, if warranted.
A. Future "private" developments - water quantity and quality standards as specified in
Collier County Ordinance Numbers 74-50, 90-10 and 2001-27, and Land Development
Code Ordinance Number 2004-41, as amended.
B. Existing "private" developments and existing or future public drainage facilities - those
existing Levels of Service identified (by design storm return frequency event) by the
completed Water Management Master Plan as follows:
LEVELS OF SERVICE ATTAINED BY BASINS
BASIN LEVEL OF
SERVICE
MAIN GOLDEN GATE SYSTEM
Main Golden Gate Canal Basin D
Cypress Canal Basin D
Harvey Canal Basin D
1-75 Canal Basin D
Green Canal Basin C
Airport Road Canal South Basin D
Corkscrew Canal Basin D
Orange Tree Canal Basin D
951 Canal Central Basin C
DISTRICT NO. 6 SYSTEM
Rock Creek Basin D
C-4 Canal Basin C
Lely Main Canal Basin D
Lely Canal Branch Basin D
Lely Manor Canal Basin D
Haldeman Creek Basin D
Winter Park Outlet Basin D
COCOHATCHEE RIVER SYSTEM
Cocohatchee River Basin D
Pine Ridge Canal Basin C
Palm River Canal Basin D
West Branch Cocohatchee River Basin C
East Branch Cocohatchee River Basin D
Airport Road Canal North Basin D
951 Canal North Basin D
GORDON RIVER EXTENSION
Gordon River Extension Basin D
Goodlette-Frank Road Ditch Basin D
HENDERSON CREEK BASIN
Henderson Creek Basin D
3
PUBLIC FACILITIES ELEMENT—DRAINAGE SUB-ELEMENT
LEVELS OF SERVICE ATTAINED BY BASINS
BASIN LEVEL OF SERVICE
FAKA-UNION SYSTEM
Faka-Union Canal Basin D n
Miller Canal Basin D
Merritt Canal Basin C
Prairie Canal Basin C
SOUTHERN COASTAL BASIN
US-41 Outfall Swale No. 1 Basin D
US-41 Outfall Swale No. 2 Basin D
Seminole Park Outlet Basin C
BARRON RIVER SYSTEM
Okaloacoochee Slough Basin D
Barron River Canal North Basin C
Urban Immokalee Basin C
MISCELLANEOUS INTERIOR WETLAND SYSTEMS
Corkscrew Slough Basin D
This Policy lists standards for the various identified drainage basins.
The LOSS for stormwater management systems appearing in Policy 2.1 above is one of two locations
within this GMP where these standards are shown. The other location is Policy 1.5; subsection "C" in
the Capital Improvement Element. This dualism may be a simple matter of unnecessary redundancy,
except that the two Policies are not the same. These differences should be reconciled and a single
location selected for these LOSS to appear. If it is decided to show the LOSS in both locations, then
the CIE could be formatted to provide the LOS Standards, while the Sub-Element entries could
elaborate on the figures. This Policy will remain relevant in its reconciled format.
[Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop — Supporting staff
suggestion to locate Level of Service Standards in the CIE, with this Sub-Element being revised to
direct readers to the CIE for this information.]
[Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop—Questioning whether
the use of"as amended" in this context makes this Policy self amending.)
OBJECTIVE 3:
The County shall maintain and annually update a five-year schedule of capital improvements
for water management facilities in conformance with the annual review process described
within the Capital Improvement Element of the Growth Management Plan.
Objective Achievement Analysis:
Like other types of capital improvements, drainage projects are included in annual updates to the Five-
Year Schedule of Capital Improvements, and thus the County's Annual Budget for each fiscal year.
This Objective is being achieved and should be retained, essentially as written. This Objective should
be rephrased to improve its formatting as an"objective".
Policy Relevance:
4
PUBLIC FACILITIES ELEMENT—DRAINAGE SUB-ELEMENT
There are four policies within this Objective.
Policy 3.4:
County improvements to, and maintenance of, existing drainage facilities shall be a priority
over new construction projects in the urban and estates designated areas (exclusive of
Southern Golden Gate Estates).
This Policy requires that the County give major emphasis to drainage improvements in the Estates and
Urban Areas, as opposed to other portions of the County. This emphasis toward these improvements is
considered in the County's Annual Update and Inventory Report(AUIR). This Policy remains relevant
and should be retained as written.
[Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop—Suggesting that the
language in this Policy is ambiguous and needs revision to provide clarity and avoid an interpretation
that the improvement and maintenance of existing facilities Countywide are a priority over new
projects in the Estates — as this is not the case. SGGE is no longer open to development, so no
facilities have priority there.]
OBJECTIVE 4:
The County shall develop and maintain policies and programs to correct existing deficiencies
and to provide for future facility needs in accordance with the annual work program referenced
in the adopted Water Management Master Plan.
Objective Achievement Analysis:
This Objective requires the County maintain its drainage work program to correct deficiencies and
provide for future need. Based on the above, this Objective is being achieved and should be retained,
essentially as written. This Objective should be rephrased to improve its formatting as an "objective"
such as, Develop and maintain policies and programs to correct existing deficiencies and to
provide for future facility needs in accordance with the annual work program referenced in the
adopted Water Management Master Plan.
[Public Commentfrom March 15, 2010 EAR Public Meeting—Suggesting that watershed management
and water resource management should take a more holistic approach.]
[Environmental Advisory Council (EAC) Comment from August 11, 2010 EAR Workshop —
Emphasizing the importance of preparing and following an annual work program.]
Policy Relevance:
There are three(3)policies within this Objective.
Policy 4.1:
Water management projects shall be undertaken in accordance with the schedule provided in
the Capital Improvement Element of this Plan. These projects shall be undertaken in
coordination with the Big Cypress Basin/South Florida Water Management District 5 Year Plan.
This Policy requires water management projects to be undertaken in accordance with the procedures
outlined within the Capital Improvements Element, and that such projects be coordinated with the Big
5
PUBLIC FACILITIES ELEMENT—DRAINAGE SUB-ELEMENT
Cypress Basin Board and the South Florida Water Management District. (It is worth noting here that,
in Collier County the Big Cypress Basin Board, an arm of the South Florida Water Management
District, maintains the major drainageways while Collier County maintains the tributary systems.)
This Policy remains relevant and should be retained if re-written. Post EAC Workshop comment:
The Big Cypress Basin is not going to publish the 5-year plan in this format(County has been doing
this since the early 1980s). Beginning this year the new document will be called Big Cypress Basin
Strategic Plan 2010-2015. Properly revise reference to the "Strategic Plan" without the date
reference.
Policy 4.1
County capital stormwater management projects shall be undertaken in accordance with
the schedule provided in the Capital Improvement Element of this Plan. These projects
shall be undertaken in coordination with the Big Cypress Basin Strategic Plan.
[Public Comment from March 15, 2010 EAR Public Meeting — Suggesting a number of these `other
regulatory agencies' be identified, including the Federal Emergency Management Agency (FEMA),
Department of Environmental Protection (DEP), and the U.S. Army Corps of Engineers (USACOE), as
those among whom water resource management is coordinated— including surface water, stormwater,
and water supplies for municipal services.]
OBJECTIVE 5:
The County shall continue to regulate land use and development in a manner that protects the
functions of natural drainage features and natural groundwater aquifer recharge areas.
Implementation of this Objective will be consistent with the Watershed Management Planning
process identified within Goal 2 of the Conservation and Coastal Management Element of the
Growth Management Plan, and with relevant provisions contained within the adopted Land
Development Code(Ordinance Number 2004-41, as amended).
Objective Achievement Analysis:
This Objective provides for the protection of natural drainage features and natural groundwater aquifer
recharge areas. This Objective is being achieved and should be retained, essentially as written. This
Objective should be rephrased to improve its formatting as an"objective".
[Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop—Questioning whether
the use of"as amended" in this context makes this Objective self amending.]
OBJECTIVE 6:
The County shall protect the functions of natural drainage features through the application of
standards that address the quality and quantity of discharge from stormwater management
systems. Implementation of this Objective will be consistent with the watershed management
planning process identified within Goal 2 and Objective 2.1 of the Conservation and Coastal
Management Element of the Growth Management Plan. This objective is made measurable
through the following policies:
Objective Achievement Analysis:
n
6
PUBLIC FACILITIES ELEMENT—DRAINAGE SUB-ELEMENT
This Objective seeks to protect natural drainage features through the imposition of stormwater
discharge quantity and quality standards. The Objective relies on its subject policies for the definition
of standards. As per Objectives 2 and 5, this Objective should be revised to reference (in general) the
objectives and policies contained in Goal 2 of the CCME, and the Watershed Management Plans
described under Objective 2.1 of the CCME, and to acknowledge that these portions of the CCME
provide guidance for protecting the functions of the County's natural drainage features. Based on the
above, this Objective is being achieved and should be retained, essentially as written. This Objective
should be rephrased to improve its formatting as an"objective".
[Public Comment from January 25, 2010 EAR Public Meeting — Suggesting that watershed
management planning needs to be about more than just water —planning should take a more holistic
approach.]
[Public Comment from March 15, 2010 EAR Public Meeting—Suggesting that watershed management
and water resource management should take a more holistic approach.]
[Environmental Advisory Council (EAC) Comment from August 11, 2010 EAR Workshop—Suggesting
that this Objective be expanded to address additional protections of natural drainage features in
roadway construction and other transportation projects, for introducing or increasing both wet and
dry detention features, and for including filter, or trickle, marshes to the system.]
Policy Relevance:
There are three(3)policies within this Objective.
Policy 6.1:
Projects shall be designed and operated so that off-site discharges will meet State water
quality standards, as set forth in Chapter 62-302.300, F.A.C., as it existed at the date of project
approval.
This Policy identifies a specific resource to address stormwater discharges to natural drainage features
and requires the County to meet State water quality standards. This Policy remains relevant and should
be retained as written.
[Environmental Advisory Council(EAC) Comment from August 11, 2010 EAR Workshop—Questioning
whether any applicable Federal water quality standards may not be incorporated into State standards
and would still apply, and if so, include proper reference to them.]
Policy 6.2:
Collier County's retention and detention requirements shall be the same as those provided in
the South Florida Water Management District's Basis of Review, as it existed at the time of
project approval.
This Policy identifies stormwater retention/detention requirements of the appropriate Water
Management District, with this document reference appearing to be out of date. This Policy also
mirrors other provisions found in another Public Facilities Element Sub-Element. The Pollution
Control Department implements this Policy. This Policy remains relevant and should be revised to
replace "Basis for Review, dated January 2004" with"Environmental Resource Permit Information
Manual,Volume IV,2009".
7
PUBLIC FACILITIES ELEMENT—DRAINAGE SUB-ELEMENT
It is also noted that the County does not adhere to the same retention and detention requirements as
those found in the resource identified. The interim watershed management regulations exceed the
SFWMD retention and detention requirements by requiring 150% of SFWMD criteria for all
developments. The SFWMD typically only requires that for projects discharging into designated
Outstanding Florida Water (OFW) sources. This Policy remains relevant and should accordingly be
further revised to reflect the increase in water quality treatment.
This Policy conflicts with CCME Objective 2.1.a. which requires 150% of the SFWMD water quality
treatment requirement. This is part of the Interim Watershed Standards.
[Planning Commission (CCPC) Comment from Auzust 27, 2010 EAR Workshop—Suggesting that both
the CCME and this Policy properly reflect the 150%figure.]
Policy 6.3:
Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and
25 year return frequency. The allowable off-site discharge rates are as follows:
a. Airport Road North Sub-Basin 0.04 cfs/acre
(North of Vanderbilt Beach
Road)
b. Airport Road South Sub-basin 0.06 cfs/acre
(South of Vanderbilt Beach
Road)
c. Cocohatchee Canal Basin 0.04 cfs/acre
d. Lely Canal Basin 0.06 cfs/acre
e. Harvey Basin 0.055 cfs/acre
f. Wiggins Pass Basin 0.13 cfs/acre
g. All other areas 0.15 cfs/acre
The County may exempt projects from these allowable off-site discharge rates if any of the
following applies:
1. The project is exempt from allowable off-site discharge limitations pursuant to Section
40E-400.315, FAC.
2. The project is part of an existing SFWMD permit,which allows discharge rates different
than those listed above.
3. It can be documented that the project currently discharges off-site at a rate higher than
those listed above. The documentation required for this purpose shall be prepared by a
registered professional engineer, and will consist of an engineering study which utilizes
the applicable criteria in the "SFWMD Basis of Review for Environmental Resource Permit
Applications". The study shall be subject to review and approval by the County and
SFWMD staff. The study shall include the following site-specific information:
a. Topography
b. Soil types and soil storage volume
c. Vegetation types
8
PUBLIC FACILITIES ELEMENT—DRAINAGE SUB-ELEMENT
d. Antecedent conditions
e. Design rainfall hydrograph
f. Depression storage capacity
g. Receiving water hydrograph, and
h. Other relevant hydrologic and hydraulic data.
Using the above information, a hydrologic and hydraulic model shall be developed which
demonstrates the higher off-site discharge rate.
This Policy commits the County to using the 3-day, 25-year storm event as a discharge rate standard.
The Policy also contains a list of calculated discharge rates for identified basins and sub-basins. This
Policy references discharge requirements of the appropriate Water Management District, with this
document reference appearing to be out of date. This Policy also mirrors other provisions found in
another Public Facilities Element Sub-Element. The Pollution Control Department implements this
Policy. This Policy remains relevant and should be revised to replace "Basis for Review for
Environmental Resource Permit Applications" with "Environmental Resource Permit Information
Manual,Volume IV,2009".
[Environmental Advisory Council (EAC) Comment from August 11, 2010 EAR Workshop—Suggesting
that the County consider setting new limitations, or maximums for these exempt projects to provide
additional protections of natural drainage features.]
CONSIDER INTRODUCING A NEW OBJECTIVE AND SUBSEQUENT POLICY OR
POLICIES FOLLOWING FROM THE 2009 ADOPTION OF HB 697.
[Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop—Suggesting that the
amount of change introduced with Objectives and Policies following from the adoption of HB 697 may
be misplaced and consideration for any such change may serve better if consolidated to address
multiple Elements or Sub-Elements at another location , and should be removed from the/ as a
proposed revision.]
9
PUBLIC FACILITIES ELEMENT—DRAINAGE SUB-ELEMENT
n
n
SECTION 4
RECOMMENDED CHANGES
OF PUBLIC FACILITIES
ELEMENT
NATURAL GROUNDWATER
AQUIFER RECHARGE
SUB - ELEMENT
EAR-NGWARSE Natural Groundwater Aquifer Recharge Sub-Element—EAC Transmittal Draft 10-18-11
Goal, Objectives and Policies
Public Facilities Element/Natural Groundwater Aquifer Recharge Sub-Element(NGWAR)
GOALS, OBJECTIVES AND POLICIES [Revised text,page 1]
NATURAL GROUNDWATER AQUIFER REC •.' _ - _ - : - -- ,: •
GOAL: [Rephrased to improve format as a"goal", revised text,page 1]
THE COUNTY SHALL TO IDENTIFY AND PROTECT NATURAL GROUNDWATER
AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND/OR
CONTAMINATE THE QUALITY OF GROUNDWATER.
OBJECTIVE 1 (MAPPING AND DELINEATION OF RECHARGE AREAS):
[Rephrased to improve format as an"objective", revised text,page 1]
The County shall continue to r Review every twe three years, and revise as necessary, existing
map delineations of County potable water wellfields that are most sensitive to contamination
from nearby land development and other surface activities. The biennial three-year review and
any subsequent map revisions will be based on geologic, hydrogeologic, hydrologic, and updated
anthropogenic contaminant data aggregated since the previous revision.
Policy 1.1: [Revised text,page 1]
The County shall revise and update its 3-dimensional computer models of ground er
groundwater flow around public water supply wellfields, as additional data (e.g., withdrawal
rates, numbers and locations of wells within wellfields, and hydrogeologic information) become
available.
Policy 1.2: [Revised text,page 1]
includin: locations in the _ eater Immokalee area which are susceptible to contamination,
caused by adjacent or nearby land uses, drainage patterns, geomorphic conditions, soil
: . .
, - _ _ . . , •- . . - . - - - - .•
Policy 1.3: [Revised text,page 1]
The County shall maintain and update data on existing land uses and land use activities that
possess the greatest potential for ground-water groundwater contamination.
*** *** *** *** *** text break *** *** *** *** ***
Policy 1.5: [Revised text,page 1]
This Sub-Element shall incorporate by reference annual recharge amounts for the Surficial and
Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers, as
described in the South Florida Water Management District's official publications dated April,
e= -- - -- - -- - - -- - • =- •• !!: Lower West Coast Water Supply Plan, as
amended.
DRAFT Words underlined are added;words struck gh are deleted. 1
EAR-NGWARSE Natural Groundwater Aquifer Recharge Sub-Element—EAC Transmittal Draft 10-18-11
OBJECTIVE 2 (PROTECTION OF GROUNDWATER QUALITY):
[Rephrased to improve format as an"objective", revised text,page 1]
Ground water quality shall meet all Protect groundwater from pollutant discharges that may
cause exceedance of applicable Federal and State water quality standards.
Policy 2.0.1:
The County shall protect natural aquifer recharge areas to ensure the highest water quality
practical toward meeting applicable Federal and State water quality standards for groundwater.
*** *** *** *** *** text break *** *** *** *** ***
Policy 2.2: [Revised text,page 2]
Non-agricultural developments requiring an Environmental Resources Permit from the South
Florida Water Management District (SFWMD) shall preserve groundwater recharge
characteristics as required by the SFWMD and as set forth in the SFWMD's Bass f r Review
dated January 2001 Environmental Resource Permit Information Manual, Volume IV, 2009.
Ground water Groundwater recharge shall also be protected through the application of the
retention/detention requirements and allowable off-site discharge rates for non-agricultural
developments specified in Policies 6.2 and 6.3 in the Drainage Stormwater Management Sub-
Element.
Policy 2.3: [Revised text,page 2]
The County standards for protecting the quality of groundwater recharge within the
wellhead protection areas identified in the Future Land Use Element (FLUE) shall be those
provided in Policy 3.1.1 of the Conservation and Coastal Management Element.
Policy 2.4: [Revised text,page 2]
Collier County shall evaluate the necessity for adopting more stringent
groundwater recharge standards for High or Prime Recharge areas within 2 years of the SFWMD
Governing Board's adoption of such areas.
OBJECTIVE 3 (GROUNDWATER QUALITY MONITORING):
[Rephrased to improve format as an"objective", revised text,page 2]
The County shall continue to c Collect and evaluate groundwater quality data,
identifying ambient water quality values and trends, comparing analyzed concentrations to
Florida Ground Water Guidance Concentrations, and providing information to water resources
planning and management entities, and to the general public.
Policy 3.1: [Revised text,page 3]
The County shall continue its existing water quality monitoring program to provide base-line
data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness
of the County's groundwater protection program.
*** *** *** *** *** text break *** *** *** *** ***
DRAFT Words underlined are added;words stru gh are deleted. 2
EAR-NGWARSE Natural Groundwater Aquifer Recharge Sub-Element—EAC Transmittal Draft 10-18-11
Policy 3.3: [Revised text,page 2]•• _ . - ' - .. ! _ :. .• - - -- - - - -- - - .•
Gate Estates area.
Policy 3.4: [Revised text,page 3]
The County shall continually gather and evaluate appropriate data for the purpose of refining and
improving the groundwater quality monitoring database used in the County's 3-dimensional
groundwater model.
Policy 3.5: [Revised text,page 3]
Collier County shall continue to conduct water resource planning with appropriate County, City
of Naples, and SFWMD staff to provide for groundwater resource development,
utilization, and conservation. . - - _.. - _..:,;,::.:-y;..:,;,,,,.;.,:,; ;,�. . _ - , -
Gate Estates area.
OBJECTIVE: 4 (PUBLIC EDUCATION WITH REGARD TO GROUNDWATER
PROTECTION
ISSUES): [Rephrased to improve format as an"objective", revised text,page 3]•-- -• . -- - - - - • - - - - •-•-; Provide the public with educational
materials concerning ground water groundwater protection issues in Collier County. These may
materials include, but shall—nerve are not limited to, the preparation of annual technical
publications of ground gretaid-v.,,ater groundwater quality data, an informational website for groundwater
quality issues, general information publications, establishment of a speakers' bureau, K-12
classroom presentations, and in-service teacher workshops and seminars.
Policy 4.1: [Revised text, page 3]
The County shall continue to advise the public on the appropriate disposal methods for
hazardous wastes, for the purpose of reducing or avoiding the potential for groundwater
contamination. In performing this task, the County may utilize the public educational measures
listed within Objective 4 of this Sub-Element, or any other measures which may be appropriate.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 5 (PROTECTION OF CRITICAL RECHARGE AREAS AND GROUNDWATER
RESOURCES): [Rephrased to improve format as an"objective", revised text,page 3]
The County shall implement Continue implementing plans to preserve critical ground water
groundwater recharge areas and ,noun,: water groundwater resources, mill along with
reviewing, evaluateing, and reviseing (if warranted) those plans and actions, based on the best
available geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data.
Policy 5.1: [Revised text,page 3]
The County shall develop, and continually update, technical criteria for determining those
recharge areas,which are critical to the County's long-term ground water groundwater needs.
DRAFT Words underlined are added;words dough are deleted. 3
EAR-NGWARSE Natural Groundwater Aquifer Recharge Sub-Element—EAC Transmittal Draft 10-18-11
Policy 5.2: [Revised text, page 3]
The County shall continue to identify critical recharge areas and appropriate protective
mechanisms.
Policy 5.3: [Revised text,page 3]
The County shall continue to identify costs, funding mechanisms and private property rights
issues associated with the protection of critical recharge areas.
*** *** *** *** *** text break *** *** *** *** ***
Policy 5.5: [Revised text,page 4]
Collier County shall continue to operate and maintain a hazardous waste collection facility. The
facility shall operate five (5) days per week and will accept household and small business
hazardous wastes. Additionally, the County shall continue to hold special events, such as its
hazardous waste collection day, at least twice per year targeting residential households but also
and allowing small businesses to participate to insure consumer demand is met.
*** *** *** *** *** page break *** *** *** *** ***
MAP CHANGES:
1. Map 1, Groundwater Recharge to the Surficial Aquifer
• This map is to be updated.
2. Map 2, Groundwater Recharge to the Lower Tamiami Aquifer
• This map is to be updated.
EAR-NGWAR Sub-E—EAC Transmittal Hearing DRAFT 10-18-11
G:ICDES Planning Services\Comprehensive12011 EAR-BASED GMP AMENDMENTSEAC transmittal-EAR-based GMP amendmentslElements\NGWAR-
CSIEAR-based Amendments_EAC Transmittal_NGWAR_2.docx
CS
DRAFT Words underlined are added;words dough are deleted. 4
/-'■
,,..N
"'-'\
Assessment of the Successes & Shortcomings
and Recommendations
for the Public Facilities Element—Natural Groundwater Aquifer Recharge Sub-Element
A. Introduction&Background:
The purpose of the Natural Groundwater Aquifer Recharge Sub-Element is defined within its single
Goal, which reads as follows:
THE COUNTY SHALL IDENTIFY AND PROTECT NATURAL GROUNDWATER AQUIFER
RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND/OR CONTAMINATE THE
QUALITY OF GROUNDWATER.
The intent of the Natural Groundwater Aquifer Recharge Sub-Element is to assure the provision of
efficient and economical services that would enable the citizens of Collier County to meet their needs
for the protection of groundwater recharge areas while also assuring public health and safety in
accordance with the criteria set forth in Rule 9J-5,F.A.C., and Chapter 163, Florida Statutes.
The annual update and amendment to the Capital Improvement Element, adopted January 28, 2008
included the initial step toward re-naming of the "Drainage" Sub-Element to the "Stormwater
Management" Sub-Element. The new name should be used in all references to that Sub-Element
found in this Sub-Element and throughout the Growth Management Plan.
Note that, in one respect, there is overlap in the intended purpose of the Natural Groundwater Aquifer
Recharge and Drainage Sub-Elements: both seek to protect aquifer recharge areas. However, the
n emphasis of the Natural Groundwater Aquifer Recharge Sub-Element is on groundwater protection,
whereas the emphasis of the Drainage Sub-Element is on surface water protection. For an evaluation
of the Drainage Sub-Element, refer to the Drainage Section of this Report. In addition to the overlap
of policies within the Natural Groundwater Aquifer Recharge and Drainage Sub-Elements, there is also
an overlap between the intended purpose of the Natural Groundwater Aquifer Recharge Sub-Element
and Goal 2 of the Conservation & Coastal Management Element (refer to the CCME Section of this
Report), including the Watershed Management Plans discussed under Objective 2.1 of the CCME.
EAR-based amendments made to those sections should be reflected in this Sub-Element, as necessary.
As currently formatted, this Sub-Element consists entirely of a single Goal, and its supporting
Objectives and Policies.
The provision of public facilities and services for aquifer recharge area protection and watershed
management, floodplain management and flood protection, potable water supply, and stormwater
management are planned in correlation with future land use projections. This Goal should be
expanded to fully capture the County's goals in these areas and ensure colaboration in implementing
Objectives and applying Policies. These interdepartmental colaborations should also be recognized,
and strengthend if necessary, in the Conservation & Coastal Management Element (CCME) and
Intergovernmental Coordination Element(ICE)of this Growth Management Plan.
This Goal should be rephrased to improve its formatting as a"goal".
PUBLIC FACILITIES ELEMENT—
NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT
[Public Comment from March 15, 2010 EAR Public Meeting—Questioning the status of and adherence
to the Comprehensive Watershed Management Plan and the Comprehensive Water Resource
Management Plan; another, suggesting that watershed management and water resource management
should take a more holistic approach]
B. Objectives Analysis:
General Analysis:
The Sub-Element Objectives and Policies are implemented primarily by the Collier County Pollution
Control &Prevention Department. The Objectives and Policies speak generically about groundwater
protection and the identification and protection of aquifer recharge areas. However, virtually all of the
Department's work is related to County potable water wellfields (>100,000 GPD design) in
accordance with Land Development Code Section 3.06.00—Groundwater Protection.
OBJECTIVE 1 (MAPPING AND DELINEATION OF RECHARGE AREAS):
The County shall continue to review every two years, and revise as necessary, existing map
delineations of County potable water wellfields that are most sensitive to contamination from
nearby land development and other surface activities. The biennial review and any
subsequent map revisions will be based on geologic, hydrogeologic, hydrologic, and updated
anthropogenic contaminant data aggregated since the previous revision.
Objective Achievement Analysis:
Currently, Collier County's Pollution Control and Prevention Department uses an advanced 3-
dimensional computer model to calculate Wel field Risk Management Zones around significantly sized
existing and planned potable water wellfields (>100,000 GPD design). These Wellfield Risk n
Management Zones, in the form of maps, are adopted into the County's Land Development Code
3.06.00 Groundwater Protection and placed on the County's Zoning Maps for County planners to use
when regulating land development with the intent of protecting potable water wellfields from pollution
sources.
This Objective should be revised to replace "review every two years" with "review every three years"
and "The biennial review"with "The three year review".
The proposed amendments for Objective 1 provides adequate time (3 years)for the development of the
proposed Wellfield Risk Management Zones, adoption of the proposed Wellfield Risk Management
Zones into Collier County's Growth Management Plan's Future Land Use Element (Maps), and
adoption of the proposed Wellfield Risk Management Zones into Collier County's Land Development
Code, Section 3.06 "Ground Water Protection. " The two years that are presently allotted have been
found to be insufficient to complete this objective. The recommended language amendment will
provide sufficient time (3 years) to complete this objective.
Based on the above, this Objective is being achieved and should be retained, essentially as rewritten.
This Objective should be rephrased to improve its formatting as an"objective".
2
PUBLIC FACILITIES ELEMENT—
NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT
[Public Comment from March 15, 2010 EAR Public Meeting — Questioning the status of and
responsibility for monitoring and maintaining our water resources.]
^ Policy Relevance:
There are five(5)policies within this Objective.
Policy 1.1:
The County shall revise and update its 3-dimensional computer models of ground water flow
around public water supply wellfields, as additional data (e.g., withdrawal rates, numbers and
locations of wells within wellfields, and hydrogeologic information) become available.
This Policy requires that groundwater flow around wellfield modeling be revised, as pertinent data is
made available. The Pollution Control Department implements this Policy. There is one recommended
change. The term "ground water" should be replaced by "groundwater" in this Policy, and
throughout the remainder of this Sub-Element and entire GMP wherever informally used[not in title of
formal document]. This Policy remains relevant and should be retained as revised.
Policy 1.2:
The County shall identify those County potable water wellfields, or portions of wellfields,
which are susceptible to contamination, caused by adjacent or nearby land uses, drainage
patterns, geomorphic conditions, soil properties, and/or hydrogeologic factors, including the
presence or absence of confining units. This information shall be revised and updated as
necessary.
This Policy requires that the identification of wellfields susceptible to contamination be revised, as
pertinent updates are made available. The Pollution Control Department implements this Policy.
n There are no recommended changes. This Policy remains relevant and should be retained as written.
[Environmental Advisory Council (EAC) Comment from August 11, 2010 EAR Workshop—Suggesting
that potable water well field identification include locations in the greater Immokalee area.]
Policy 1.3:
The County shall maintain and update data on existing land uses and land use activities that
possess the greatest potential for ground water contamination.
This Policy requires the County to monitor land uses and land use activities to gauge their potential to
contaminate groundwater. The Pollution Control Department implements this Policy. There are no
recommended changes. This Policy remains relevant and should be retained as written.
[Public Comment from March 15, 2010 EAR Public Meeting — Questioning the status of and
responsibility for monitoring and maintaining our water resources.]
Policy 1.5:
This Sub-Element shall incorporate by reference annual recharge amounts for the Surficial and
Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers,
as described in the South Florida Water Management District's official publications dated April,
2000 (and scheduled to be published in 2006).
3
PUBLIC FACILITIES ELEMENT—
NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT
This Policy requires the County to reference a South Florida Water Management District publication to
keep current its computer model. A general reference to a 2006 publication however,potentially limits
the County's ability to keep this data current in future years as subsequent editions are published. The
Pollution Control Department implements this Policy. The "official publications" incorporated by
reference are the District's Lower West Coast Water Supply Plans. A version was first published in
2000 in three parts: a Planning Document, a Support Document and the Appendices Document. There
was an update in the 2005-2006 timeframe — also published in multiple parts. There is an update
ongoing that may be completed in the 2010-2011 timeframe.
This Policy remains otherwise relevant and should be retained and revised to identify the specific
SFWMD publication or publications being incorporated by reference into this Sub-Element, such as,
This Sub-Element shall incorporate by reference annual recharge amounts for the Surficial and
Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers,as
described in the South Florida Water Management District's Lower West Coast Water Supply
Plan,as amended.
[Environmental Advisory Council(EAC) Comment from August 11, 2010 EAR Workshop—Questioning
whether the County department involved with preparing and utilizing this publication should be
identified by this Policy]
[Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop—Questioning whether
the use of"as amended" in this context would make this Policy self amending.]
OBJECTIVE 2 (PROTECTION OF GROUNDWATER QUALITY):
Ground water quality shall meet all applicable Federal and State water quality standards.
Objective Achievement Analysis:
This Objective seeks to protect natural groundwater aquifer recharge features through the imposition of
quantity and quality standards.
Collier County has implemented numerous proactive programs designed to protect Collier County's
groundwater quality from man-made pollution sources and hence remain compliant with this
Objective. In addition, Collier County has also developed programs designed to respond to pollution
releases into the environment and to monitor their satisfactory cleanup. Finally, the Collier County
Pollution Control & Prevention Department has developed strong working relationships with the
Florida Department of Environmental Protection, Collier County Environmental Health and
Engineering Department, South Florida Water Management District, Big Cypress Basin Board and the
Florida Department of Agriculture and Consumer Services that enhance the County's ability to
effectively coordinate efforts to meet this Objective.
Based on the above, this Objective is being achieved and should be retained, essentially as written.
This Objective should be rephrased to improve its formatting as an "objective" such as, Protect
natural aquifer recharge areas to ensure the highest water quality practical toward meeting
applicable Federal and State water quality standards for ground water, or, Protect groundwater
4
PUBLIC FACILITIES ELEMENT—
NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT
from pollutant discharges that may cause exceedance of applicable Federal and State water
quality standards; followed by a"policy", such as:
^ Policy 2.0.1:
The County shall protect groundwater from pollutant discharges that might cause exceedance of
applicable Federal and State water quality standards.
[Public Comment from March 15, 2010 EAR Public Meeting — Suggesting a number of these `other
regulatory agencies' be identified, including the Federal Emergency Management Agency (FEMA),
Department of Environmental Protection (DEP), and the US. Army Corps of Engineers (USACOE), as
those among whom water resource management is coordinated— including surface water, stormwater,
and water supplies for municipal services.]
Policy Relevance:
There are four(4)policies within this Objective.
Policy 2.2:
Non-agricultural developments requiring an Environmental Resources Permit from the South
Florida Water Management District (SFWMD) shall preserve groundwater recharge
characteristics as required by the SFWMD and as set forth in the SFWMD's Basis for Review,
dated January 2004 and as regularly updated. Ground water recharge shall also be protected
through the application of the retention/detention requirements and allowable off-site
discharge rates for non-agricultural developments specified in Policies 6.2 and 6.3 in the
Drainage Sub-Element.
This Policy identifies groundwater protection requirements of the appropriate Water Management
District, with this document reference appearing to be out of date. This Policy also refers to other
provisions found in another Public Facilities Element Sub-Element. The Pollution Control Department
implements this Policy. This Policy should be revised to replace "Basis for Review, dated January
2004"with "Environmental Resource Permit Information Manual, Volume IT;2009".
OBJECTIVE 3 (GROUNDWATER QUALITY MONITORING):
The County shall continue to collect and evaluate ground water quality data, identifying
ambient water quality values and trends, comparing analyzed concentrations to Florida
Ground Water Guidance Concentrations, and providing information to water resources
planning and management entities, and to the general public.
Objective Achievement Analysis:
The above Objective requires Collier County to collect and analyze groundwater quality data for
comparison to State Standards, and to be able to provide information on analysis results to all
interested parties. Presently Collier County's Pollution Control and Prevention Department samples a
trend network of groundwater monitoring wells semi-annually, and reports on the data annually. In
addition, a Golden Gate Groundwater Baseline Monitoring Report had been completed in 2004, which
assessed the groundwater quality data obtained from 84 residential potable water wells. Residents
were provided,groundwater laboratory results for the well they owned. A follow-up Golden Gate
5
PUBLIC FACILITIES ELEMENT—
NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT
Estates study is presently underway, which will compare this most recent groundwater quality data
with the historical 2004 reported data to determine water quality trends.
Based on the above, this Objective is being achieved and should be retained, essentially as written.
This Objective should be rephrased to improve its formatting as an"objective".
[Public Comment from March 15, 2010 EAR Public Meeting—Suggesting that watershed management
and water resource management should take a more holistic approach.]
Policy Relevance:
There are five(5)policies within this Objective.
Policy 3.3:
The County will annually assess its groundwater quality monitoring data to determine whether
monitoring activities and County Ordinances require expansion, modification or reduction.
This Policy requires the County to regularly re-assess its groundwater quality monitoring efforts. This
Policy remains relevant and should be retained as written.
[Environmental Advisory Council (EAC) Comment from August 11, 2010 EAR Workshop—Suggesting
the County coordinate with SFWMD staff to monitor our water resources for salt water intrusion and
tracking salinity trends.]
[Environmental Advisory Council (EAC) Comment from August 11, 2010 EAR Workshop —
Emphasizing the importance of ongoing monitoring efforts for both quality and availability in the
greater Golden Gate Estates area. Anecdotal evidence showing that the shallower wells run dry in the
dry-weather seasons of the year should not be overlooked]
n
Policy 3.5:
Collier County shall continue to conduct water resource planning with appropriate County,
City of Naples, and SFWMD staff to provide for ground water resource development,
utilization, and conservation.
This Policy requires the County to coordinate their water resource planning efforts with other agencies.
This Policy remains relevant and should be retained as written.
[Public Comment from March 15, 2010 EAR Public Meeting — Suggesting a number of these `other
regulatory agencies' be identified, including the Federal Emergency Management Agency (FEMA),
Department of Environmental Protection (DEP), and the US. Army Corps of Engineers (USACOE), as
those among whom water resource management is coordinated— including surface water, stormwater,
and water supplies for municipal services.]
[Environmental Advisory Council (EAC) Commentfrom August 11. 2010 EAR Workshop—Suggesting
that water resource planning efforts include the greater Golden Gate Estates area, and take into
consideration public health factors.]
6
PUBLIC FACILITIES ELEMENT—
NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT
OBJECTIVE: 4 (PUBLIC EDUCATION WITH REGARD TO GROUNDWATER PROTECTION
ISSUES):
The County shall continue current activities of providing the public with educational materials
concerning ground water protection issues in Collier County. These may include, but shall not
be limited to, the preparation of annual technical publications of ground water quality data, an
informational website for groundwater quality issues, general information publications,
establishment of a speakers' bureau, K-12 classroom presentations, and in-service teacher
workshops and seminars.
Objective Achievement Analysis:
This Objective requires continuation of County public educational activities with regard to
groundwater protection issues. The Pollution Control & Prevention Department maintains a website
that identifies all of the programs designed to protect the County's groundwater from pollution. The
team prepares and distributes an Annual Newsletter designed to educate businesses on the proper
method of managing the hazardous wastes they generate. Team members have also spoken before
various groups/organizations about what Pollution Control does and the team remains available to
answer any questions the public, regulatory community, and/or policy makers may have.
Based on the above, this Objective is being achieved and should be retained, essentially as written.
This Objective should be rephrased to improve its formatting as an"objective".
Policy Relevance:
There are two (2)policies within this Objective.
^ Policy 4.1:
The County shall continue to advise the public on the appropriate disposal methods for
hazardous wastes, for the purpose of reducing or avoiding the potential for groundwater
contamination. In performing this task, the County may utilize the public educational
measures listed within Objective 4 of this Sub-Element, or any other measures which may be
appropriate.
This Policy requires the development of a public awareness program relative to hazardous waste
disposal issues. This Policy remains relevant and should be retained as written. The reference to
"Objective 4"should be revised to correspond to the reformatting of said Objective,as applicable.
7
PUBLIC FACILITIES ELEMENT—
NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT
OBJECTIVE 5 (PROTECTION OF CRITICAL RECHARGE AREAS AND GROUNDWATER
RESOURCES):
The County shall implement plans to preserve critical ground water recharge areas and
ground water resources, and will review, evaluate, and revise (if warranted) those plans and
actions, based on the best available geologic, hydrologic, hydrogeologic, and anthropogenic
contaminant data.
Objective Achievement Analysis:
This Objective shares portions of its stated intent with Objectives 1, 2 and 3 above. This Objective
focuses the County's responsibilities on "critical" recharge areas and resources, whereas the above
Objectives identify all recharge areas and resources related to groundwater protection. Protecting
water quality and minimizing flood hazards employ watershed-based approaches that balance
environmental, economic and engineering considerations to meet these standards. This Objective is
being achieved and should be retained, essentially as written. This Objective should be revised to
replace "implement" with "continue implementing" and rephrased to improve its formatting as an
"objective".
[Public Comment from March 15, 2010 EAR Public Meeting—Suggesting that watershed management
and water resource management should take a more holistic approach.]
[Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop—Suggesting that the
use of the term "critical" has no clear definition and should be removed from this Objective and
where.f ound in its subsequent Policies.]
]
[Environmental Advisory Council (EAC) Comment from November 3, 2010 EAR Adoption Hearing—
Concurring with the CCPC suggestion to remove the term "critical"from these entries.]
Policy Relevance:
There are five (5)policies within this Objective.
Policy 5.5:
Collier County shall continue to operate and maintain a hazardous waste collection facility.
The facility shall operate five (5) days per week and will accept household and small business
hazardous wastes. Additionally, the County shall continue to hold its hazardous waste
collection day at least twice per year targeting residential households but also allowing small
businesses to participate.
This Policy requires the County to continue operating its hazardous waste collection facility. This
Policy remains relevant, but provides a level of specificity regarding days and hours of operation that
is not necessary in a comprehensive planning document. This Policy remains relevant nonetheless and
should be retained if rewritten to provide a lesser amount of specificity appropriate for the GMP.
8 n
PUBLIC FACILITIES ELEMENT—
NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT
CONSIDER INTRODUCING A NEW OBJECTIVE AND SUBSEQUENT POLICY OR
POLICIES FOLLOWING FROM THE 2009 ADOPTION OF HB 697.
[Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop—Suggesting that the
amount of change introduced with Objectives and Policies following from the adoption of HB 697may
be misplaced and consideration for any such change may serve better if consolidated to address
multiple Elements or Sub-Elements at another location , and should be removed from the/ as a
proposed revision.]
[Environmental Advisory Council (EAC) Comment from November 3 2010 EAR Adoption Hearing—
Concurring with the CCPC suggestion to remove the HB 697 changes from this Sub-Element and
consolidate them at another location.]
C. Attached Documents Analysis:
Map 1 Groundwater recharge to the Surficial Aquifer
This map should be updated.
Map 2 Groundwater recharge to the Lower Tamiami Aquifer
This map should be updated.
9
PUBLIC FACILITIES ELEMENT—
NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT
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SECTION 5
RECOMMENDED TEXT
CHANGES OF THE
CONSERVATION & COASTAL
MANAGEMENT :LEMENT
EAR-CCME Conservation and Coastal Management Element—EAC Transmittal Hearing 12-07-11
Goals, Objectives and Policies
.-� Conservation and Coastal Management Element (CCME)
GOAL 1: [Revised text, page 4]
- e • _ -. _ . e • • . .. TO PLAN FOR THE PROTECTION, CONSERVATION,
MANAGEMENT AND APPROPRIATE USE OF IT'S THE COUNTY'S NATURAL
RESOURCES.
OBJECTIVE 1.1: [Revised text,page 4]
Collier County will cContinue to develop and implement maintain a comprehensive environmental
management and conservation program, �� to ensure that the natural resources, including State
and Federally listed animal species of within Collier the County are properly, appropriately, and
effectively identified, managed, and protected.
*** *** *** *** *** text break *** *** *** *** ***
Policy 1.1.6: [Revised text,page 4]
In those areas of Collier the County where oil extraction and related processing is an allowable use,
such use is shall be subject to applicable state and federal oil and gas permits and Collier the County's
non-environmental site development plan review procedures. Directional-drilling and/or previously
cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where
determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state
permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those
rules existed en as of January 13, 2005, the effective date of this amendment to the Collier County's
Comprehensive Plan, and regardless of whether the activity occurs within the Big Cypress Watershed,
as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting
requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or
state oil and gas permits for proposed oil and gas activities in Collier the County, so long as the state
permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of
Collier the County outside the boundary of the Big Cypress Watershed, the applicant shall be
responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42,
F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C. even if outside the defined
Big Cypress Watershed. All access roads to oil and gas uses shall be constructed and protected from
unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12),
F.A.C.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 1.2: [Revised text, page 5]
Maintain the framework for an integrated, computer-based environmental resources data storage,
analysis, and graphics system and annually update the databases based on previous year's analytical
Words underlined are added;words struck-trough are deleted. 1
Policy 1.2.1: [New text, page 5]
The County shall annually update the environmental resources databases based on the previous year's n.
analytical data in order to monitor the status of the County's natural resources and propose potential
protection measures when appropriate.
*** *** *** *** *** text break *** *** *** *** ***
Policy 1.2.42: [Renumbered text,page 5]
Policy 1.2.23: [Renumbered text, page 5]
Policy 1.2.34: [Renumbered text, page 5]
Non-GIS-based data Ecollected •.-:. o - : :• . • shall be organized by established water-shed
and sub-basin units.
Policy 1.2.45: [Renumbered text, page 5]
Policy 1.2.5: [Deleted text, page 5]
Collier County's computerized environmental resources data storage, analysis and graphics system
environmental management agencies and organizations and the general public. The County shall ,■ •�
OBJECTIVE 1.3: [Revised text,page 5]
Pursuant to Administration Commission Final Order AC 99 002 dated June 22, 1999, the County has
Natural Resources Protection Area (NRPA) program as part of the required Collier County Rural and
the Rural Lands Stewardship Area Overlay in the Future Lan: - - - - --- - , • . •. - - • -
following policies, the County shall pProtect identified environmental systems through the Natural
Resource Protection Area£NRPA)and Rural Lands Stewardship programs.
Policy 1.3.1: [Revised text,page 6]
The purpose of tThe NRPA program is to shall direct incompatible land uses away from significant
environmental systems that exist at a landscape scale, contain large systems of connected wetland and
upland habitats, and support a wide variety of listed species. The program will shall include the
following:
Words underlined are added;words struck gh are deleted. 2
a. Identification of the NRPAs in map form and mapping of NRPAs as an overlay to the Future
Land Use Map; (During the Assessment for the Rural Fringe area, the County has determined
that CREW Trust lands, Belle Meade, a portion of the Northern Belle Meade shall be identified
as NRPAs. The County also has determined that the South Golden Gate Estates is a NPRA. The
specific boundaries have been identified as NRPAs on the Future Land Use Map.)
b. A process for verifying the existence and boundaries of NRPAs during development permit
applications;
c. Guidelines and standards for development of NRPAs including conservation guidelines to protect
natural resource values, to maintain ecologically functioning systems, and to restore or mitigate
NRPAs already degraded. Allowable land uses, vegetation preservation standards, development
standards, and listed species protection criteria for the NRPAs are those contained in the NRPA
Overlay within the Future Land Use Element.
d. A review process, integrated into the normal development application review, to ensure that the
guidelines and standards are being met;
e. A program to defer development of NRPAs. First consideration should be fee simple purchase
(based on public referenda approving and funding purchases). Other options should include, but
not be limited to, tax incentives and transfer of development rights;
f. A program to pursue Delegation of Authority Agreements with State and Federal
Permitting agencies for local regulation of activities that may alter the biological and physical
characteristics of NRPAs;
g. The County shall seek assistance from and support, State(e.g. CARL, SOR) and/or Federal land
acquisition programs for County areas qualifying as NRPAs.
*** *** *** *** *** text break *** *** *** *** ***
Policy 1.3.4: [Revised text, page 6]
•• • •• • . • ' • • --• - . •-- tation criteria are developed.
Policy 1.3.5 1.3.4: [Renumbered text, page 6]
*** *** *** *** *** text break *** *** *** *** ***
GOAL 2: [Revised text, page 4]
TO PROTECT IT'S THE COUNTY'S SURFACE AND ESTUARINE
WATER RESOURCES.
OBJECTIVE 2.1: [Revised text, page 7]
- . . - - •- . . ., _ _ - -- . . - :Prepareig
Watershed Management Plans, which contain appropriate mechanisms to protect the County's
estuarine and wetland systems. . . . - . ..
first Watershed Management Plan by January 2008. A funding schedule shall be established to ensure
Words underlined are added;words struck-trough are deleted. 3
priorities shall also be coordinated with the Federal and State agency plans that address Total
Maximum Daily Loads (TMDLL). Until the Watershed Management Plans are completed, the County
shall apply the following as interim standards for development:
a. All new development and re-development projects shall meet 150% of the water quality n
volumetric requirements of Section 5.2.1(a) of the Basis of Review for Environmental
Resource Permit Applications Within the South Florida Water Management District (February
2006) and the retention and detention requirements, and the allowable offsite discharge rates
required by Drainage Sub-element Policy 6.2 and 6.3, respectively;
b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be
compensated for by providing an equal amount of storage or conveyance capacity on site and
within or adjacent to the impacted wetland.
c. Floodplain storage compensation shall be evaluated for developments within the designated
Flood Hazard Area (flood zones starting with the letter "V" or "A", "AE", and "VE" as
depicted on the Flood Insurance Rate Maps published by the Federal Emergency Management
Agency with an effective date of November 17, 2005. Floodplain storage compensation shall
also be evaluated for areas known to be periodically inundated by intense rainfall or sheetflow
conditions.
d. All development located within areas identified on Figure 1 shall be evaluated to determine
impacts to natural wetlands, flowways, or sloughs. For this particular evaluation, natural
wetlands, flowways, or sloughs shall be tentatively identified as contiguous lands having a
continual preponderance of wetland or wet facultative plant species and a ground elevation
through the major portion of the natural wetland, flowway, or slough at least one (1) foot lower
than the ground at the edge of the natural wetland, flowway, or slough. The edge of the natural
wetlands, flowways, or sloughs shall be identified by field determination and based upon
vegetation and elevation differences from the adjacent uplands or transitional wetlands. The
County shall require the applicant to avoid direct impacts to these natural wetlands, flowways,
or sloughs or, when not possible, to ensure any direct impact is minimized and compensated for
by providing the same conveyance capacity lost by the direct impact. The County shall adhere
to the limiting discharge rates of each basin as outlined in Ordinance 2001-27, adopted May 22,
2001 which amended the County Water Management Policy and provided basin delineations
where special peak discharge rates have been established. The limiting discharge rates will be
reviewed as a part of the Watershed Management Plans, and modified according to the analyses
and findings of the Watershed Management Plans.
e. All new development and re-development projects shall ensure surrounding properties will not
be adversely impacted from the project's influence on stormwater sheet flow.
f. Prior to the issuance of a final development order, the County shall require all development
projects to obtain the necessary state and federal environmental permits.
g. Within one year of the effective date of these amendments, the County shall adopt land
development regulations to require Best Management Practices of future development or re-
development projects. Best Management Practices means structural and non-structural
facilities or practices intended to reduce pollution either through source control or treatment of
stormwater.
Figure 1. Restoration Project Areas Where Interim Development Standard 2.1.d is
Applicable [See Figure 1 following CCME text]
[The Watershed Management Plans are presently scheduled for Board adoption in December 2011]
Words underlined are added;words Eck ough are deleted. 4
*** *** *** *** *** text break *** *** *** *** ***
Policy 2.1.7: [Renumbered and revised text, page 9]
Collier The County shall take--the lead and promote intergovernmental coordination between the
County and other governmental agencies involved with watershed planning, including, but not
necessarily limited to, the municipalities of Marco Island, Naples and Everglades City, the Florida
Department of Environmental Protection, the South Florida Water Management District, the Florida
Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service, the U.S. Army Corps
of Engineers and other governmental agencies. The County will-take-the shall continue to lead and
oversee the preparation of the necessary watershed management plans, and will rely upon the work
performed and/or data collected by other agencies, to the extent that these agencies have data and/or
experience, which may be useful within the watershed basin planning and management process.
OBJECTIVE 2.2: [Revised text,page 9]
Require Aall canals, rivers, and flow ways discharging into estuaries shall to meet all applicable
Federal, State, or local water quality standards.
*** *** *** *** *** text break *** *** *** *** ***
Policy 2.2.2: [Revised text, page 9]
In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems should
shall be designed in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system.
Non-structural methods such as discharge and storage into wetlands are encouraged.
*** *** *** *** *** text break *** *** *** *** ***
Policy 2.2.5: [Revised text,page 9]
The County, in coordination with the South Florida Water Management District and the Florida
Department of Environmental Protection, shall develop and implement a plan to require By December
=':, : - : - - . - , stormwater management systems shall be inspected and
if feasible certified by a licensed Florida professional engineer for compliance with their approved
design, and any deficiencies shall be corrected.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 2.3: [Revised text,page 9]
Develop and implement a plan, in coordination with the Florida Department of Environmental
Protection, to ensure Aall estuaries shall meet all applicable federal, state and local water quality
standards.
*** *** *** *** *** text break *** *** *** *** ***
Words underlined are added;words struck-Mcte#are deleted. 5
Policy 2.3.4: [Revised text, page 10]
The County shall Gcontinue to implement-and refine a water quality and sediment monitoring program
for the estuarine system.
*** *** *** *** *** text break *** *** *** *** ***
Policy 2.3.6: [Revised text, page 10]
The County will shall only allow development activities which will not adversely impact coastal water
resources. This is shall be implemented through the following mechanisms:
a. Require all applicable Federal and State permits addressing water quality to be submitted to
Collier the County before Collier County issues issuance of a Final Development Order.
b. Excluding single family homes, any project impacting 5 acres or more of wetlands must shall
provide a pre and post development water quality analysis to demonstrate no increase in
nutrient, biochemical oxygen demand, total suspended solids, lead, zinc and copper loading in
the post development scenario.
c. By January 2008, the County shall undertake .. ... - -- - - ••- - - . -- -
evaluate pre and post development pollutant loadings referenced in (b) of this Policy. At a
minimum, the purpose of this assessment will be to verify the accuracy of the model and to
aeration. The assessment will also include the sampling of runoff from undisturbed sites and•
• . - - - . - : .., . . . . . . - - .
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 2.4: [Revised text, page 11]
•- . .- Takeing a coordinated and cooperative approach with the Florida
Department of Environmental Protection (FDEP) regarding environmental planning, management and
monitoring programs for Rookery Bay and Cape Romano — Ten Thousand Islands Aquatic Preserves
and their watersheds. As part of this process, the County shall continue to notify FDEP of
development projects within the watersheds of these preserve areas.)
*** *** *** *** *** text break *** *** *** *** ***
Words underlined are added;words atrusk-t#foug#are deleted. 6
OBJECTIVE 2.5: [Revised text, page 11]
The County will cContinue the to implement itzs the estuarine management program by
requiring development to meet its current standards addressing stormwater management, and the
protection of seagrass beds, dune and strand, and wetland habitats.
Policy 2.5.1: [Revised text,page 11]
The County shall continue to 'identify land use activities that have the potential to degrade the
estuarine environmental quality.
Policy 2.5.2: [Revised text, page 11]
Theis estuarine management program shall incorporate information obtained from the various
watershed management plans described elsewhere in this Element.
Policy 2.5.3: [Revised text,page 11]
Theis estuarine management program shall, in part, continue to be based on the estuarine data analyses
and management recommendations contained in the County's coastal management program's technical
reports.
GOAL 3: [Revised text,page 12]
TO PROTECT THE COUNTY'S GROUND WATER RESOURCES
TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL
OBJECTIVE 3.1: [Revised text,page 12]
- : ••-: . - - •• • --_eet all applicable Federal and State ground water quality standards: and
Ground water quality shall be monitored in order ground water quality to determine whether
development activities are contributing to the its degradation : •- . ., . . - . , , ' .
regulatory agencies.
Policy 3.1.1: [New text,page 12]
Ground water data and land use activities shall be assessed annually to determine long-term trends and
whether the County is meeting Federal and State regulatory standards for ground water quality.
Words underlined are added;words str-usk-tkifettg14 are deleted. 7
Policy 3.1.2: [New text, page 13]
The County shall require ground water monitoring of land uses in accordance with Chapters 62-520,
62-550 and 62-777 of the Florida Administrative Code. Upon the detection of any ground water
degradation determined through the monitoring process, the County shall notify the appropriate
regulatory agencies.
Policy 3.1.3: [New text,page 13]
The County shall maintain its groundwater monitoring network by coordinating with various state
agencies and private land owners to create a comprehensive inventory of monitoring wells, an
assessment of monitoring wells previously damaged, and provide for appropriate well repairs and
replacements.
Policy 3.1.14: [Renumbered and Revised text, page 12]
Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows:
1. Wellhead protection areas shall consist of four (4) Wellfield Risk Management Zones defined as
follows:
a) W-1 is the land area surrounding the identified potable water wellfield wellheads and extends to
the five percent ground water capture zone boundary line (which approximates the one year
ground water travel time to the wellfield).
b) W-2 is the land area between the W-1 boundary line and the ten percent ground water capture
zone boundary line (which approximates the two year ground water travel time to the potable
water wellfield).
c) W-3 is the land area between the W-2 boundary line and the twenty-five percent ground water n
capture zone boundary line (which approximates the five year ground water travel time to the
potable water wellfield).
d) W-4 is the land area between the W-3 boundary line and the 100 percent ground water capture
zone boundary line (which approximates the twenty year ground water travel time to the potable
water wellfield).
2. Land uses are restricted within the wellfield risk management zones as follows:
a) Future solid waste disposal facilities: prohibited in all wellfield risk management zones.
b) Future solid waste transfer stations: prohibited in W-1, W-2, W-3.
c) Future solid waste storage, collection, and recycling storing hazardous products and hazardous
wastes: prohibited in W-1, W-2, W-3.
d) Future non-residential uses involving hazardous products in quantities exceeding 250 liquid
gallons or 1,000 pounds of solids: provide for absorption or secondary containment in W-1, W-2,
W-3.
e) Future domestic wastewater treatment plants: prohibited in W-1.
f) Future land disposal systems: must meet high level disinfection standards as found in 40 CFR
part 135.
g) Land application of domestic residuals: limit metal concentrations, nitrogen based on uptake
ability of vegetation), and require a conditional use.
h) Future petroleum exploration and production and expansions of existing: prohibited in W-1 and
W-2, conditional use required in W-3 and W-4.
Words underlined are added;words struck through are deleted. 8
i) Future on-site disposal systems (septic tanks) requiring a soil absorption area greater than 1,000
square feet are allowed to discharge in zone W-1 subject to complying with construction
standards and provision of an automatic dosing device and a low-pressure lateral distribution.
j) On-site sewage disposal systems (septic tanks) serving existing industrial uses and subject to the
thresholds in d) and e) above within wellfield zones W-1, W-2, and W-3 shall meet all
construction and operating standards contained in 64E-10, F.A.C. as the rule existed on August
31, 1999 and shall implement a ground water monitoring plan.
3. Conditional uses referenced within this policy shall be granted only in extraordinary
circumstances and whenre development impacts of the development will be isolated from the
Surficial and Intermediate Aquifer.
Policy 3.1.5 [New text,page 13]
The County shall coordinate with the South Florida Water Management District and the Big Cypress
Basin in the development and implementation of a salt water intrusion monitoring program.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 3.2 [Revised text, page 13]
The County shall implement a Continue the well construction compliance program ender based upon
criteria specified in the Collier County Well Construction Ordinance, which is designed to ensure
proper well construction of wells and promote aquifer protection.
*** *** *** *** *** text break *** *** *** *** ***
"'' ' OBJECTIVE 3.3: [No change to text,page 13]
Continue to identify, refine extents of, and map zones of influence and contribution around potable
wellfields in order to identify activities that must be regulated to protect ground water quality near
wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub-Element.)
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 3.4 [Revised text, page 14]
Collect and evaluate data and information designed to monitor the quality of ground water in order to
identify the need for additional protection measures. (Refer to Objective -1-3 in the Natural Ground
Water Aquifer Recharge Sub-Element.)
Policy 3.4.1: [Revised text, page 14]
Continue tThe existing water quality monitoring program shall continue to provide base-line data,
evaluate long-term trends — including salinity trending, identify water quality problems, and evaluate
the effectiveness of the County's ground water protection program.
*** *** *** *** *** text break *** *** *** *** ***
Words underlined are added;words strusk-threttgh are deleted. 9
Policy 3.4.4: [Revised text, page 14]
The County, in coordination with the South Florida Water Management District and the Big Cypress
Basin, shall Ggather and use appropriate data to refine and improve the database used in the County's n
3-dimensional ground water model.
*** *** *** *** *** text break *** *** *** *** ***
GOAL 4: [Revised text, page 15]
TO CONSERVE, PROTECT AND APPROPRIATELY MANAGE
THE COUNTY'S FRESH WATER RESOURCES.
OBJECTIVE 4.1: [Revised text, page 15]
Collect and evaluate data and information designed to more accurately determine water use in the
Collier County such as the County's database tracking all permitted wells and wells having
Policy 4.1.1: [New text, page 15]
The County shall track all permitted wells and wells having consumptive use permits.
Policy 4.1.42: [Renumbered text, page 15]
Policy 4.1.23: [Renumbered and Revised text, page 15]
The County, in coordination with the South Florida Water Management District, shall Wwork with the
agricultural community to devise a method for determining agricultural pumpage.
Policy 4.1.34: [Renumbered text, page 15]
*** *** *** *** *** text break *** *** *** *** ***
GOAL 5: [Revised text, page 16]
TO PROTECT, CONSERVE AND APPROPRIATELY USE ITS THE
COUNTY'S MINERAL AND SOIL RESOURCES.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 5.3: [Revised text, page 16]
The Collier County Engineering Services Department shall pPeriodically assess the types, quantities
and location of minable mineral resources within Collier the County.
Words underlined are added;words struek-through are deleted. 10
Policy 5.3.1: [Revised text,page 16]
The Collier County's Engineering Review Services Deft Section shall work with the Florida
Department of Environmental Protection, the Florida Geological Survey and local mining industry
officials to inventory and assess the existing mineral reserves in Collier County. The inventory and
assessment will shall incorporate use of a GIS-based database of all areas within the County that are
permitted, either by right, or through a conditional use permit, to conduct mineral extraction operations
as well as the volume of fill that is permitted to be removed for each such active mineral extraction
operation.
*** *** *** *** *** text break *** *** *** *** ***
GOAL 6: [Revised text, page 18]
..
• . . - _ _ TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY
USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT.
OBJECTIVE 6.1: [Revised text,page 18]
The County shall pProtect native vegetative communities through the application of minimum
preservation requirements. -- .: • •- : . - - - - .. - , . - • •- . . . . .
(These policies under this Objective shall apply to all of Collier County except for that portion of the
County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands
Stewardship Area Overlay.)
Policy 6.1.1: [Revised text, page 18]
For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area,
and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District
as designated on the FLUM, native vegetation shall be preserved through the application of the
following minimum preservation and vegetation retention standards and criteria, unless the
development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards
referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this
policy shall apply to all non-agricultural development except for single-family dwelling units situated
on individual parcels that are not located within a watershed management conservation area identified
in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this
Element.
Coastal High Hazard Area Non-Coastal High Hazard Area
Less than 2.5 acres 10% Less than 5 acres. 10%
Residential and Mixed Equal to or greater Equal to or greater than 5 acres
Use Development than 2.5 acres 25% and less than 20 acres. 15%
Equal to or
greater than 20 ac. 25%
Words underlined are added;words struck ough are deleted. 11
Golf Course 35% 35%
Commercial and Less than 5 acres. 10% Less than 5 acres. 10%
Industrial
Development Equal to or greater Equal to or
than 5 acres. 15% greater than 5 acres. 15%
Industrial
Development (Rural- 50%, not to exceed 25% of the 50%, not to exceed 25% of the
Industrial District only) project site. project site.
The following standards and criteria shall apply to the vegetation retention requirements referenced
above.
(1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having
25% or more canopy coverage or highest existing vegetative strata of native plant species. The
vegetation retention requirements specified in this policy are calculated based on the amount of
"native vegetation"that conforms to this definition.
(2) The preservation of native vegetation shall include canopy, under-story and ground cover
emphasizing the largest contiguous area possible, which may include connection to offsite
preserves. The purpose for identifying the largest contiguous area is to provide for a core area
that has the greatest potential for wildlife habitat by reducing the interface between the preserve
area and development which decreases the conflicts from other land uses. Criteria for
determining the dimensional standards of the preserve are to be set out in the Land
Development Code.
(3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set
aside as preserve areas. On-site and off-site preserve areas shall be protected by a permanent
conservation mechanism to prohibit further development, consistent with the requirements of
this policy. The type of permanent conservation mechanism, including conservation
easements, required for a specific development may vary based on preserve area size, type of
development approval, and other factors, as set forth in the County's land development
regulations.
(4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria
in descending order of priority:
a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for
the movement of wildlife shall be preserved and protected in order to facilitate the continued
use of the site by listed species or the movement through the site, consistent with the
requirements of Policy 7.1.1 and 7.1.2 of this element.
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks.
c. Onsite wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM, unless
permitted for impact pursuant to Policy 6.2.4 of this Element. WRAP means South Florida
Water Management District's Wetland Rapid Assessment Procedures as described in
Technical Publication Reg 001 (September 1997, as updated August 1999). UMAM means
Uniform Wetland Mitigation Assessment Method as described in Chapter 62-345, F.A.C.
Words underlined are added;words struck #rough are deleted. 12
d. Any upland habitat that serves as a buffer to a wetland area as identified in Paragraph (4)c.
above,
e. Dry Prairie, Pine Flatwoods, and
f. All other native habitats.
(5) The uses allowable within preserve areas are limited to:
a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss
of function to the preserve area. Loss of function to the preserve area includes a reduction or
a change in vegetation within the preserve and harming any listed species present in the
preserve. More specific standards that implement this policy shall be set forth in the land
development regulations and will address various types of construction that are compatible
with the function of the preserve. The land development regulations will also provide
criteria to define appropriate passive recreational uses. The criteria will be established to
allow for passive recreational uses such as trails or boardwalks that provide for access within
the preserves, providing the uses do not reduce the minimum required vegetation or cause
harm to listed species.
b. Receipt of treated stormwater discharge where such use, including conveyance, treatment
and discharge structures, does not result in adverse impacts the naturally occurring, native
vegetation, to include the loss of the minimum required vegetation acreage and the harm to
any listed species according to the policies associated with Objective 7.1, as determined by
criteria set forth in land development regulations. Discharge to preserves having wetlands
requires treatment that will meet water quality standards as set forth in Chapter 62-302.
F.A.C. and will conform to the water quality criteria requirements set forth by the South
Florida Water Management District.
(6) A management plan shall be submitted for preserve areas identified by specific criteria in the
land development regulations to identify actions that must be taken to ensure that the
preserved areas will maintain natural diversity and will function as proposed. The plan shall
include methods to address control and treatment of invasive exotic species, fire management,
stormwater management (if applicable), and maintenance of permitted facilities. If applicable,
a listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2) (i). State
and federal management plans consistent with the requirements of the LDC will be accepted.
•• - - -• - _ . addressed in Policy 6.1.1(11) arc developed,
proposed activity. Criteria for allowing these exceptions include:
(b) Where the existing vegetation required by this policy is located where proposed site
re create a native plant community in all three strata (ground covers, shrubs and trees),
(7) All State and Federal parks, preserves and forests are subject to compliance with the minimum
native vegetation retention requirements; however, such lands are not required to be designated
as preserves, encumbered with conservation easements or subject to the establishment of
preserve management plans.
(8) Parcels that were legally cleared of native vegetation prior to January 1989 shall be exempt
from this requirement.
Words underlined are added;words struck rough are deleted. 13
(9) Should the amount of wetland vegetation exceed the minimum vegetation requirements as
specified herein, retention of wetland vegetation having significant habitat or hydrologic value
is encouraged. Increased preservation shall be fostered through incentives including, but not
limited to: clustered development, reduced development standards such as open space,
setbacks, and landscape buffers, to allow for increased areas of preserved wetland vegetation.
Significant habitat or hydrologic value is determined by wetland function, not the size of the
wetland.
(10)Within one year of the effective date of these amendments, tThe County shall adopt land
development regulations that allow for a process whereby a property owner may submit a
petition requesting that all or a portion of the native vegetation preservation retention
requirement to be satisfied by a monetary payment, land donation that contains native
vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the
land being impacted, or other appropriate method of compensation to an acceptable land
acquisition program, as required by the land development regulations. The monetary payment
shall be used to purchase and manage native vegetative communities off-site. The land
development regulations shall provide criteria to determine when this alternative will be
considered. The criteria will be based upon the following provisions:
a. The amount,type, rarity and quality of the native vegetation on site;
b. The presence of conservation lands adjoining the site;
c. The presence of listed species and consideration of Federal and State agency technical
assistance;
d. The type of land use proposed, such as, but not limited to, affordable housing;
e. The size of the preserve required to remain on site is too small to ensure that the preserve can
remain functional; and
f. Right of Way acquisitions for all purposes necessary for roadway construction, including
ancillary drainage facilities, and including utilities within the right of way acquisition area.
The land development regulations shall include a methodology to establish the monetary value, ''
land donation, or other appropriate method of compensation to ensure that native vegetative
communities not preserved on-site will be preserved and appropriately managed off-site.
(11)Right of Way acquisitions by any governmental entity for all purposes necessary for roadway
construction, including ancillary drainage facilities, and including utilities within the right of
way acquisition area, shall be exempt from mitigation requirements.
(12)Although the primary intent of this Policy is to retain and protect existing native vegetation,
there are situations where the application of the retention requirements of this Policy is not
possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the
native vegetation retention requirements may be allowed. Within one year of the effective date
of these amendments, the County shall adopt land development regulations to determine the
circumstances for when creation or restoration is allowed and to specify criteria for creation
and restoration.
(13) The County may grant a deviation to the native vegetation retention requirements of
subsections 2, 4, 5, 10, and 12 of this Policy, and - - . - - • . • . • ' - - -
Requirements Table, and provisions in Paragraphs 1, 2, 3, 6, and 7. Within one ye r of the
effective date of these amendments, the County shall adopt land development regulations to set
forth the process for obtaining a deviation. The regulations shall allow for the granting of a
deviation by the appropriate review board after a public hearing, and for the granting of a
deviation administratively. The County shall consider the amount and type of native vegetation
and the presence of listed species in determining whether the granting of a deviation requires a
public hearing, or may be granted administratively.
The County may grant a deviation if:
Words underlined are added;words struck-througfh are deleted. 14
a. County, Federal or State agencies require that site improvements be located in areas which
result in an inability to meet the provisions of this Policy, or
b. On or off-site environmental conditions are such that the application of one or more
provisions of this Policy is not possible or will result in a preserve area of lesser quality, or
c. The strict adherence to these provisions will not allow for the implementation of other Plan
policies that encourage beneficial land uses.
(14)Industrial zoned parcels which, pursuant to the table within this Policy, would have a native
vegetation retention requirement of 2 acres or less shall be exempt from this requirement. This
exemption shall not apply to the overall native vegetation retention requirement for a PUD or
subdivision used to create these parcels, unless the overall native vegetation retention
requirement for the PUD or subdivision is 2 acres or less.
Policy 6.1.2: [Revised and pending text, page 21]
For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall
be preserved on site through the application of the following minimum preservation and vegetation
retention standards and criteria:
Preservation and Native Vegetation Retention Standards:
a. Receiving Lands:
A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area
shall be preserved.
b. Neutral Lands:
A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area
shall be preserved, except that, for Section 24, Township 49 South, Range 26 East, located in
the North Belle Meade Overlay, a minimum of 70% of the native vegetation present, not to
exceed 70% of the total site area, shall be preserved. Additionally, for residential development
in Section 24, if the dwelling units are not clustered, a minimum of 90% of the slash pine trees
present shall be retained. Further restrictions are identified in the North Belle Meade Overlay
in the FLUE. [The preceding 2 sentences in italics were adopted 1/25/07 but will NOT be
applied or implemented by Collier County. They relate to text in the Future Land Use
Element's North Belle Meade Overlay that was found to be "not in compliance" by the Florida
Department of Community Affairs in letter dated 5/1/07.]
c. Non-NRPA Sending Lands:
Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be
permitted under the Density Rating provisions of the FLUE;
d. NRPA Sending Lands:
Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be
permitted under the Density Blending provisions of the FLUE.
e. Provisions a. through d. above shall also be consistent with the wetland protection policies set
forth under CCME Objective 6.2.
f. In order to ensure reasonable use and to protect the private property rights of owners of smaller
parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land
Use Map, including nonconforming lots of record which existed on or before June 22, 1999, for
lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native
vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or
fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-
foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but
less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be
Words underlined are added;words struck ough are deleted. 15
considered a maximum clearing allowance where other provisions of this Plan allow for greater
clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-
story vegetation within 200 feet of structures in order to minimize wildfire fuel sources.
g. Within Receiving and Neutral lands where schools and other public facilities are co-located on
a site, the native vegetation retention requirement shall be 30% of the native vegetation present,
not to exceed 25% of the site.
(1) For the purpose of this policy, "native vegetation" is defined as a vegetative community having
25% or more canopy coverage or highest existing vegetative strata of native plant species. The
vegetation retention requirements specified in this policy are calculated on the amount of"native
vegetation"that conforms to this definition.
(2) The preservation of native vegetation shall include canopy, under-story and ground cover,
emphasizing the largest contiguous area possible, which may include connection to offsite
preserves. The purpose for identifying the largest contiguous area is to provide for a core area that
has the greatest potential for wildlife habitat by reducing the interface between the preserve area
and development which decreases the conflicts from other land uses. Criteria for determining the
dimensional standards of the preserve are to be set out in the Land Development Code.
(3) Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set
aside as preserve areas. On-site and off-site preserve areas shall be protected by a permanent
conservation mechanism to prohibit further development, consistent with the requirements of this
policy. The type of conservation mechanism, including conservation easements, required for a
specific development may vary based on preserve area size, type of development approval, and
other factors, as set forth in the County's land development regulations.
(4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in
descending order of priority:
a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the
movement of wildlife shall be preserved and protected in order to facilitate the continued use of
the site by listed species or the movement of wildlife through the site. This criterion shall be n
consistent with the requirements of Policy 7.1.1 and 7.1.2 of this element.
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks.
c. Onsite wetlands preserved pursuant to Policy 6.2.5 of this Element;
d. Any upland habitat that serves as a buffer to a wetland area, as identified in(4)c. above.
e. Dry Prairie, Pine Flatwoods, and
f. All other native habitats.
(5) The uses allowable within preserve areas are limited to:
a. Passive recreational uses that do not impact the minimum required vegetation or cause a loss of
function to the preserve area. Criteria identifying what constitutes a loss of function shall be set
forth in the land development regulations and will address various types of construction that are
compatible with the function of the preserve. The land development regulations will also
provide criteria to define appropriate passive recreational uses. The criteria will be established
to allow for passive recreational uses such as trails or boardwalks that provide for access within
the preserves, providing the uses do not reduce the minimum required vegetation or cause harm
to listed species.
b. Receipt of treated stormwater discharge where such use, including conveyance, treatment and
discharge structures, does not result in adverse impacts on the naturally occurring, native
vegetation, to include the loss of the minimum required vegetation and the harm to any listed
species according to the policies associated with Objective 7.1, as determined by criteria set
forth in the land development regulations. Discharge to preserves having wetlands requires
treatment that will meet water quality standards as set forth in Chapter, 62-302 F.A.C. and will
Words underlined are added;words struck-threes are deleted. 16
conform to the water quality criteria requirements set forth by the South Florida Water
Management District.
(6) A management plan shall be submitted for all preserve areas identified by specific criteria in the
land development regulations to identify actions that must be taken to ensure that the preserved
areas will function as proposed. The plan shall include methods to address control and treatment of
invasive exotic species, fire management, stormwater management(if applicable), and maintenance
of permitted facilities. If applicable, a listed species monitoring program shall be submitted
pursuant to Policy 7.1.2 (2)(i).
(7) Off-site preservation shall be allowed to provide flexibility in the project design.
a. Within Receiving and Neutral Lands, off-site preservation shall be allowed for up to 50% of the
vegetation retention requirement.
1. Off-site preservation areas shall be allowed at a ratio of 1:1 if such off-site preservation is
located within designated Sending Lands or at a ratio of 1.5:1 anywhere else.
2. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock
vegetative communities.
b. Within non-NRPA Sending Lands, off-site preservation shall be allowed for up to 25% of the
site preservation or vegetative retention requirement, whichever is controlling.
1. Off-site preservation areas shall be contiguous to designated Sending Lands and shall be
allowed at a ratio of 3:1.
c. Off-site preservation shall not be allowed in NRPA Sending Lands.
(8) Density Bonus Incentives shall be granted to encourage preservation amounts greater than that
required in this policy, as provided for in the FLUE for Receiving Lands and Rural Villages.
Within one (1) year of the effective date of these amendments, Collier County shall adopt specific
land development regulations to implement this incentive program.
(9) On-site preservation areas shall also conform to the Open Space requirements as specified in the
Future Land Use Element. These preservations shall be part of and counted towards the Open
Space requirements.
(10)Existing native vegetation that is located contiguous to the natural reservation shall be preserved
pursuant to Policy 6.5.2 of this element. Natural reservation is defined as that specified in CCME
Objective 6.5 of this element;
(11) Should the amount of wetland vegetation exceed the minimum vegetation requirements as
specified herein, retention of wetland vegetation having significant habitat or hydrologic value is
encouraged. Increased preservation shall be fostered through incentives including, but not limited
to: clustered development, reduced development standards such as open space, setbacks, and
landscape buffers, to allow for increased areas of preserved wetland vegetation. Significant
habitat or hydrologic value is determined by wetland function, not the size of the wetland.
(12)All State and Federal parks, preserves and forests are subject to compliance with the minimum
native vegetation retention requirements; however, such lands are not required to be designated as
preserves, encumbered with conservation easements or subject to the establishment of preserve
management plans.
(13)Industrial zoned parcels which, pursuant to the table within Policy 6.1.1, would have a native
vegetation retention requirement of 2 acres or less shall be exempt from this requirement. This
exemption shall not apply to the overall native vegetation retention requirement for a PUD or
subdivision used to create these parcels, unless the overall native vegetation retention requirement
for the PUD or subdivision is 2 acres or less.
[Text revisions relative to the native preservation retention requirements for the Lake Trafford/Camp
Keais Strand System are pending Board direction]
Words underlined are added;words struck-trough are deleted. 17
*** *** *** *** *** text break *** *** *** *** ***
Policy 6.1.6: [Revised text, page 24]
Exemptions from the native vegetation retention requirements of CCME Policy 6.1.2 The minimum
native vegetation retention requirements of Policy 6.1.2 shall not apply to, affect or limit the
continuation of existing uses. Existing use shall be defined as: those uses for which all required
permits were issued prior to June 19, 2002; or, projects for which a Conditional Use erRezone petition
was approved by the County prior to June 19, 2002; or, or, projects for which a Rezone petition has
been approved by the County prior to June 19, 2002 — inclusive of all lands not zoned A, Rural
Agricultural; or, land use petitions for which a completed application was submitted prior to June 19,
2002. The continuation of existing uses shall include on-site expansions of those uses if such
expansions are consistent with, or clearly ancillary to, the existing uses.
Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's
Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with
their previously approved plans. Changes to these previous approvals shall also be deemed to be
consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do
not result in an increase in development density or intensity. On the County owned land located in
Section 25, Township 26 E, Range 49 S (+/-360 acres), the native vegetation retention and site
preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of
the property that are contiguous to the existing land fill operations; exotic removal will be required on
the entire+/- 360 acres.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 6.2: [Revised text, page 25]
The County shall pProtect and conserve wetlands and the natural functions of wetlands pursuant to the
appropriate policies under Goal 6. - :, ' - , •. - - .. - , .•- • . -
gable: ffhe County's wetland protection policies and strategies shall be coordinated with the
Watershed Management Plans as required by Objective 2.1 of this Element.)
Policy 6.2.1 [Revised text, page 25]
As required by Florida Administrative Code 9J5 5.006(1)(b), wWetlands identified by the 1991 95 the
current SFWMD land use and land cover inventory are mapped on the Future Land Use Map series.
For a proposed project identified on this map series, -- - .. ... . . •.. .
field delineation, subject to Policy 6.2.2 of this clement, at the time of project permitting to determine
the exact location of jurisdictional wetland boundaries shall be verified by a jurisdictional field
delineation, subject to Policy 6.2.2 of this Element, at the time of Environmental Resource Permitting.
*** *** *** *** *** text break *** *** *** *** ***
Policy 6.2.5: [Revised and pending text, page 29]
Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford/Camp Keais Strand
System which is contained within the Immokalee Urban Designated Area, Collier County shall direct
land uses away from higher functioning wetlands by limiting direct impacts within wetlands based
Words underlined are added;words str-uslc-tk-ough are deleted. 18
upon the vegetation requirements of Policy 6.1.2 of this element, the wetland functionality assessment
described in paragraph (2) below, and the final permitting requirements of the South Florida Water
Management District. A direct impact is hereby defined as the dredging or filling of a wetland or
adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows:
(1) The County shall apply the vegetation retention requirements of Policy 6.1.2 of this element to
preserve an appropriate amount of native vegetation on site. Wetlands shall be preserved as part
of this vegetation requirement according to the following criteria:
a. The acreage requirements of Policy 6.1.2 of this element shall be met by preserving
wetlands with the highest wetland functionality scores. Wetland functionality assessment
scores shall be those described in paragraph (2) of this policy. Wetlands having a WRAP
score of at least 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7
shall be preserved on site. This policy is not intended in all cases to require preservation of
wetlands exceeding the acreage required by Policy 6.1.2 of this element. Within one year,
the County shall develop specific criteria to be used to determine when wetlands having a
WRAP score greater than 0.65 or a Uniform Wetland Mitigation Assessment Method score
of greater than 0.7 shall be required to be retained exceeding the acreage required by Policy
6.1.2 of this element.
(2) In order to assess the values and functions of wetlands at the time of project review, applicants
shall rate functionality of wetlands using the South Florida Water Management District's
Wetland Rapid Assessment Procedure (WRAP), as described in Technical Publication Reg-
001, dated September 1997, and updated August 1999, or the Uniform Wetland Mitigation
Assessment Method, F.A.C. Chapter 62-345. The applicant shall submit to County staff,
agency accepted WRAP scores or Uniform Wetland Mitigation Assessment Method scores.
County staff shall review this functionality assessment as part of the County's EIS provisions
and shall use the results to direct incompatible land uses away from the highest functioning
wetlands according to the requirements found in paragraph(1) above.
.-. (3) All direct impacts shall be mitigated for pursuant to the requirements of paragraph (6) of this
policy.
(4) Single family residences shall follow the requirements contained within Policy 6.2.7 of this
element.
(5) The County shall separate preserved wetlands from other land uses with appropriate buffering
requirements. The County shall require a minimum 50-foot vegetated upland buffer adjacent to
a natural water body, and for other wetlands a minimum 25-foot vegetated upland buffer
adjacent to the wetland. A structural buffer may be used in conjunction with a vegetative buffer
that would reduce the vegetative buffer width by 50%. A structural buffer shall be required
adjacent to wetlands where direct impacts are allowed. Wetland buffers shall conform to the
following standards:
a. The buffer shall be measured landward from the approved jurisdictional line.
b. The buffer zone shall consist of preserved native vegetation. Where native vegetation does
not exist, native vegetation compatible with the existing soils and expected hydrologic
conditions shall be planted.
c. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the
Florida Exotic Pest Plant Council.
d. The following land uses are considered to be compatible with wetland functions and are
allowed within the buffer:
1. Passive recreational areas, boardwalks and recreational shelters;
2. Pervious nature trails;
3. Water management structures;
4. Mitigation areas;
Words underlined are added;words struck throes are deleted. 19
5. Any other conservation and related open space activity or use which is comparable in
nature with the foregoing uses.
e. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable
fencing.
(6) Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of
wetland functions.
a. Mitigation Requirements:
1. "No net loss of wetland functions" shall mean that the wetland functional score of the
proposed mitigation equals or exceeds the wetland functional score of the impacted
wetlands. However, in no case shall the acreage proposed for mitigation be less than
the acreage being impacted.
2. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall
be compensated for by providing an equal amount of storage or conveyance capacity on
site and within or adjacent to the impacted wetland.
3. Protection shall be provided for preserved or created wetland or upland vegetative
communities offered as mitigation by placing a conservation easement over the land in
perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants
defined by the Florida Exotic Pest Plant Council) and continuing exotic plant
maintenance.
4. Prior to issuance of any final development order that authorizes site alteration, the
applicant shall demonstrate compliance with paragraphs (6)a.l, (6)a.2, and (6)a.3 of this
policy. If agency permits have not provided mitigation consistent with this policy,
Collier County will require mitigation exceeding that of the jurisdictional agencies.
5. Mitigation requirements for single-family lots shall be determined by the State and
Federal agencies during their permitting process, pursuant to the requirements of Policy
6.2.7 of this element.
b. Mitigation Incentives: r1
1. Collier County shall encourage certain types of mitigation by providing a variety of
incentives in the form of density bonuses and credits to open space and vegetation
retention requirements. Density bonuses shall be limited to no more than 10% of the
allowed density.
2. Preferred mitigation activities that would qualify for these incentives include, but are
not limited, to the following:
(a) Adding wetland habitat to or restoring wetland functions within Rural Fringe
Mixed Use District Sending Lands,
(b) Creating, enhancing or restoring wading bird habitat to be located near wood stork,
and/or other wading bird colonies.
3. Within one (1) year of the effective date of these amendments, Collier County shall
[Text revisions relative to the native preservation retention requirements for the Lake Trafford/Camp
Keais Strand System are pending Board direction]
*** *** *** *** *** text break *** *** *** *** ***
Words underlined are added;words stFusk-through are deleted. 20
GOAL 7: [Revised text,page 35]
TO PROTECT AND CONSERVE IT'S THE COUNTY'S FISHERIES
AND WILDLIFE.
OBJECTIVE 7.1: [Revised text,page 35]
The County shall dDirect incompatible land uses away from listed animal species and their habitats.
The County relies on the listing process of State and Federal agencies to identify species that require
special protection because of their endangered, threatened, or species of special concern status. Listed
animal species are those species that the Florida Fish and Wildlife Conservation Commission has
designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-
27.003, 68A-27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies
as Endangered and Threatened species published in 50 CFR 17.)
*** *** *** *** *** text break *** *** *** *** ***
Policy 7.1.2 [Revised text,page 36]
Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non-agricultural
development, excluding individual single family residences, shall be directed away from listed species
and their habitats by complying with the following guidelines and standards:
(1) A wildlife survey shall be required for all parcels when listed species are known to inhabit
biological communities similar to those existing on site or where listed species are directly
observed on the site. The survey shall be conducted in accordance with the requirements of the
Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service
(USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any
listed species that may be discovered.
(2) Wildlife habitat management plans for listed species shall be submitted for County approval. A
plan shall be required for all projects where the wildlife survey indicated listed species are utilizing
the site, or the site contains potential habitat for listed species. These plans shall describe how the
project directs incompatible land uses away from listed species and their habitats.
(a) Management plans shall incorporate proper techniques to protect listed species and their habitat
from the negative impacts of proposed development. Developments shall be clustered to
discourage impacts to listed species habitats. Open space and vegetation preservation
requirements shall be used to establish buffer areas between wildlife habitat areas and areas
dominated by human activities. Provisions such as fencing, walls, or other obstructions shall
be provided to minimize development impacts to the wildlife and to facilitate and encourage
wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses, and signage
shall be used where roads must cross wildlife corridors
1. Management guidelines contained in publications utilized by the FFWCC and USFWS as
their technical assistance shall be used for developing required management plans. The
1987.
Words underlined are added;words „rough are deleted. 21
Populations found on Lands Slated for Large Scale Development in Florida, Technical•
' .. . ', - . . - .. . - - - . - - . -, : .•
d. Ecology and Development Related Habitat ' -. - -- • - - -• - • =
(Aphelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water
Fish Commission, 1991.
.. , - . .. _ .. ., . - - - . - -• - . . . •, 0'
2. The County shall consider any other techniques recommended by the USFWS and the
FFWCC, subject to the provisions of paragraph(3) of this policy.
3. When listed species are directly observed on site or indicated by evidence, such as denning,
foraging or other indications, priority shall be given to preserving the listed species habitats
first, as a part of the retained native vegetation requirement contained in Policy 6.1.1 and
Policy 6.1.2 this element. The County shall also consider the recommendations of other
agencies, subject to the provisions of paragraph(3) of this policy.
(b) For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to
protecting the largest most contiguous gopher tortoise habitat with the greatest number of
active burrows, and for providing a connection to off site adjacent gopher tortoise preserves.
(c) Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the
guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish
Commission, 1991. The required management plan shall also provide for a maintenance
program and specify an appropriate fire or mechanical protocols to maintain the natural scrub
community. The plan shall also outline a public awareness program to educate residents about
the on-site preserve and the need to maintain the scrub vegetation. These requirements shall be
consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to
the provisions of paragraph (3) of this policy.
(d) For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall
establish protective zones around the eagle nest restricting certain activities. The plans shall
also address restricting certain types of activities during the nesting season. These requirements
shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999,
subject to the provisions of paragraph(3) of this policy.
(e) For the red-cockaded woodpecker (Picoides borealis), the required habitat protection plan shall
outline measures to avoid adverse impacts to active clusters and to minimize impacts to
foraging habitat. Where adverse effects cannot be avoided, measures shall be taken to
minimize on-site disturbance and compensate or mitigate for impacts that remain. These
requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan,
May 1999, subject to the provisions of paragraph (3) of this policy.
(f) In areas where the Florida black bear (Ursus americanus floridanus) may be present, the
management plans shall require that garbage be placed in bear-proof containers, at one or more
central locations. The management plan shall also identify methods to inform local residents of
the concerns related to interaction between black bears and humans. • •: - •- •.
(g) For projects located in Priority I and Priority II Panther Habitat areas, the management plan
shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida
panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas.
Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall
be buffered from the most intense land uses of the project by using low intensity land uses (e.g.,
parks, passive recreational areas, golf courses). Golf courses within the Rural Fringe Mixed n
Words underlined are added;words struck-through are deleted. 22
Use District shall be designed and managed using standards found in that district. The
management plans shall identify appropriate lighting controls for these permitted uses and
shall also address the opportunity to utilize prescribed burning to maintain fire-adapted
preserved vegetative communities and provide browse for white-tailed deer. These
requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan,
May 1999, subject to the provisions of paragraph(3) of this policy.
(h)In order to protect loggerhead (Caretta caretta) and other listed sea turtles that nest along
Collier County beaches, projects within 300 feet of the MHW line shall limit outdoor lighting
to that necessary for security and safety. Floodlights and landscape or accent lighting shall be
prohibited. These requirements shall be consistent with the UFWS South Florida Multi-Species
Recovery Plan, May 1999, subject to the provisions of Policy 7.1.2(3).
(i)The Management Plans shall contain a monitoring program for developments greater than 10
acres.
(3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations
and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission
and recommendations from the US Fish and Wildlife Service in issuing development orders on
property containing listed species. It is recognized that these agency recommendations, on a case
by case basis, may change the requirements contained within these wildlife protection policies and
any such change shall be deemed consistent with the Growth Management Plan.
Policy 7.1.3 [Revised text, page 38]
- - -- ' ' .. . . _ .. . - _
" - •' - ' _ � -, Listed
species within the Rural Lands Stewardship Area (RLSA) shall be protected pursuant to the RLSA
Overlay RLSA policies found within the Future Land Use Element.
�-. *** *** *** *** *** text break *** *** *** *** ***
Policy 7.1.6: [Revised text,page 38]
The County shall continue to evaluate the need for the protection of listed plants and within one (1)
-•• = -- . . • - : - - . - - - adopt land development regulations, as needed,addressing
the to protection of listed plants.
OBJECTIVE 7.2 [Revised text,page 38]
through 7.2.3, the County's objective is to mMinimize the number of manatee.deaths due to boat
related incidents. (Historical data from 1990-1996 shows that the average number of manatee deaths in
Collier County, due to incidents with watercraft, is approximately 3.2 per year per 10,000 boats.)
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 7.3: [Revised text,page 39]
•.-. . . - .. .. . ••. ... , - . .. . .. - - .. •
' -Minimize the number of sea turtle disorientations.
Words underlined are added;words ask-threes are deleted. 23
(Analysis of historical data from 2005 — 2009 shows that the average number of sea turtle
disorientations is approximately equal to 4% of the hatchlings from all nests in the County.)
Policy 7.3.1: [Revised text, page 39]
The County shall apply the lighting criteria contained in Policy 7.1.2(2)(4(h) of this eElement in order
to protect sea turtle hatchlings from adverse lighting conditions.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 7.4: [Revised text, page 39]
The County shall cContinue to improve marine fisheries productivity by enhancing existing artificial
reefs and building additional artificial reefs.
Policy 7.4.1: [Revised text, page 39]
The County should shall continue to apply for reef construction grants and/or other available or similar
funding and annually place more materials on the existing permitted sites.
*** *** *** *** *** text break *** *** *** *** ***
GOAL 9: [Revised text, page 41]
TO APPROPRIATELY MANAGE HAZARDOUS MATERIALS AND
WASTE TO PROTECT THE COUNTY'S POPULOUS AND NATURAL RESOURCES AND
TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY.
OBJECTIVE 9.1: [Revised text, page 41]
The County shall implement Maintain and update biennially a hazardous materials emergency
response element as part of its the County's Comprehensive Emergency Management Plan.
*** *** *** *** *** text break *** *** *** *** ***
Policy 9.1.6: [Revised text,page 41]
An emergency response training program shall be developed maintained for emergency response
personnel.
Policy 9.1.7: [Revised text,page 41]
The Collier County Bureau of Emergency Services shall be responsible for
developing, implementing, and evaluating the effectiveness of the Comprehensive Emergency
Management Pplan, including periodic updates.
OBJECTIVE 9.2: [Revised text, page 41]
The County shall vVerify the management and disposal practices of identified businesses that are
potential generators of hazardous waste, at a rate of 20% of these businesses per year.
Words underlined are added;words struck rough are deleted. 24
*** *** *** *** *** text break *** *** *** *** ***
.-. Policy 9.2.3: [Revised text, page 42]
The Collier County Pollution Control and Prevention Department shall work with the Florida
- -•. • -- - - • - . - .• ' - - - ! - ' . - -. . • - maintain its a-new cooperative agreement
with the Florida Department of Environmental Protection between the County and FDEP. Ise
of this agreement shall be to ensure an additional layer of regulatory oversight in enforcing businesses
to be compliant with federal, state and local hazardous waste management regulations.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 9.4: [Revised text, page 42]
The County shall continue to implement it's Maintain the County's local storage tank compliance
program.
*** *** *** *** *** text break *** *** *** *** ***
Policy 9.4.3: [Revised text, page 42]
All storage tank systems in Collier the County shall adhere to the provisions of Section 62-761 or 62-
762, Florida Administrative Code (F.A.C.) as applicable. _ - -- • - ,
Section 62 76-1, F.A.C., individual storage tank systems shall adhere to the provisions of Section 62
*** *** *** *** *** text break *** *** *** *** ***
GOAL 10: [Revised text, page 43]
TO PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY
USE IT'S THE COUNTY'S COASTAL BARRIERS INCLUDING SHORELINES, BEACHES
AND DUNES AND WILL PLAN FOR, AND WHERE APPROPRIATE, WILL RESTRICT
ACTIVITIES WHERE SUCH ACTIVITIES WILL DAMAGE OR DESTROY COASTAL
RESOURCES.
OBJECTIVE 10.1: [Revised text,page 43]
Priorities for shoreline land use shall be given to water dependent uses over water related land uses and
shall be based on type of water-dependent use, adjacent land use, and surrounding marine and upland
habitat considerations. (The Collier County Manatee Protection Plan (NR-SP-93-01) May 1995
restricts the location of marinas and may limit the number of wet slips, the construction of dry storage
facilities, and boat ramps, based upon the Plan's marina siting criteria.
Policy 10.1.1: [Revised text,page 43]
The County shall Pprioritizees for water-dependent and water-related uses as follows fie:
a. Public recreational facilities over private recreational facilities;
b. Public Boat Ramps;
Words underlined are added;words struck #are deleted. 25
c. Marinas
1. Commercial (public)marinas over private marinas;
2. Dry storage over wet storage;
d. Commercial fishing facilities;
e. Other non-polluting water-dependent industries or utilities;
f. Marine supply/repair facilities;
g. Residential development.
Policy 10.1.2: [New text,page 43]
Identify recreational and commercial working waterfronts and then investigate strategies for possible
implementation, as feasible, to ensure protection and preservation of those waterfronts.
Policy 10.113: [Renumbered text, page 43]
Policy 10.114: [Renumbered text, page 43]
Policy 10.1.45: [Renumbered text, page 43]
Policy 10.116: [Renumbered and revised text, page 441.
Marinas and all other water-dependent and water-related uses shall conform to all applicable
regulations regarding development in marine wetlands. Marinas development that includes and water-
dependent/water related uses that propose te-destroy the destruction of marine wetlands shall provide
for general public use. (Marine wetlands are defined as areas with a water regime determined primarily
by tides and the dominant vegetation is salt tolerant plant species, including those species listed in ' "
subsection 62-301.200(3), F.A.C., "Submerged Marine Species.")
Policy 10.1.67: fRenumbered and revised text, page 441
For development of Aall new marinas, water-dependent and water-related uses that propose to destroy
•. : -, -. .. .. . -: marine wetlands, the applicant shall be required to perform a fiscal
analysis in order to demonstrate the public benefit and financial feasibility of the proposed
development.
Policy 10.118: [Renumbered text, page 43]
OBJECTIVE 10.2: [Revised text, page 44]
The County shall continue to iEnsure that access to beaches, shores and waterways remain available to
the public and continue with its the County's program to expand the availability of such access and a
method to fund its acquisition.
Policy 10.2.1: [Revised text, page 44]
Existing access for the public to the beach access shall be maintained by new development. New
beachfront development shall show on their site-plans existing beach access ways and the proposed
Words underlined are added;words struck-through are deleted. 26
development shall continue that access way, relocate it on the site as deemed appropriate by the
County, or donate it to the County.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 10.3: [Revised text,page 45]
Maintain Undeveloped coastal barriers, mapped as part of the Federal Coastal Barrier Resources
System, predominantly in their natural state and protect, maintain and enhance
their natural function . . . - :, - . . .•- : ., : , ..
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 10.4: [Revised text, page 46]
- • - •• ••• - " •• - - - • - - -- . . - . - - Restored and then•
maintained, when appropriate, developed coastal barriers and developed shorelines, by establishing
mechanisms or projects which limit the effects of development and which help in the restoresation of
the natural functions of coastal barriers, including and affected beaches and dunes.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 10.5: [Revised text, page 48]
For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific,
and aesthetic enjoyment of coastal resources. This shall be accomplished by protecting beaches and
n dunes and by utilizing existing construction standards, or where necessary establishing new
construction standards, which will minimize the impact of manmade structures on the beach and dune
systems.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 10.6: [Revised text, page 49]
The County shall cConserve the habitats, species, natural shoreline and dune systems contained within
the County's coastal zone.
*** *** *** *** *** text break *** *** *** *** ***
Policy 10.6.2: [Revised text, page 50]
The owners of For shoreline development projects where that require an EIS is required, shall provide
an analysis shall that demonstrates that the project will remain fully functional for its intended use after
a six-inch rise in sea level.
*** *** *** *** *** text break *** *** *** *** ***
Words underlined are added;words struck through are deleted. 27
GOAL 12: [Revised text,page 52]
TO MAKE EVERY REASONABLE EFFORT TO ENSURE THE
PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE
EFFECTS OF HURRICANE STORM DAMAGE.
OBJECTIVE 12.1: [Revised text,page 52]
The County will mMaintain hurricane evacuation clearance times as required by state law. An
evacuation clearance time shall be defined as having residents and visitors in an appropriate refuge
away from storm surge prior to the arrival of sustained Tropical Storm force winds, i.e., winds equal to
or greater than 39 mph. To further thisese objectives, for future mobile home developments located
outside of the storm surge zone, such development shall include on-site sheltering or retro-fitting of an
adjacent facility. The Collier County Bureau of Emergency Services shall
seek opportunities to increase shelter facilities and associated capacities under the direction of the
Department of the Florida Division of Emergency Management.
Policy 12.1.1: [Revised text, page 52]
Collier The County will shall develop continue to enhance and maintain a comprehensive public
awareness program. The program will be publicized prior to May 30th of each year. Evacuation zones,
public shelters and evacuation routes shall be pr -in provided to each local newspaper, displayed
on the Collier County Bureau of Emergency Services' Management website, and the availability of
this information will be discussed on local television newscasts. This information shall also be made
readily available to all hotel/motel guests.
*** *** *** *** *** text break *** *** *** *** ***
Policy 12.1.3: [Revised text, page 52]
The County shall continue to identify and maintain shelter space for 32,000 persons by 201206 and
45,000 by 20154-0. Shelter space capacity will shall be determined at the rate of 20 square feet per
person.
*** *** *** *** *** text break *** *** *** *** ***
Policy 12.1.5: [Revised text, page 52]
On-site shelters within mobile home parks or mobile home subdivisions shall be elevated to a
minimum height equal to or above the worst case Category 3 hurricane flooding level, based upon the
most current National Oceanic and Atmospheric Administration's storm surge model, known as Sea,
Lake, and Overland Surges from Hurricanes (SLOSH). The wind load criteria for buildings and
structures designated as "essential facilities" in the latest Florida Building Code, shall guide the design
and construction of the required shelters. Shelters shall be constructed with emergency electrical
power and potable water supplies; shall provide glass protection by shutters or other approved
material/device; and shall provide for ventilation, sanitary facilities and first aid equipment. A
telephone, automatic external defibrillator (AED) and battery-operated radio with NOAA weather
Specific Area Message Encoded capability are also required within the shelter.
Words underlined are added;words straseugh are deleted. 28
*** *** *** *** *** text break *** *** *** *** ***
Policy 12.1.7: [Revised text,page 53]
The County in coordination with the municipalities within the County, shall update the hurricane
evacuation portion of the Collier County Comprehensive Emergency Management Plan prior to June
1st of each year by integrating all appropriate regional and State emergency plans in the identification
of emergency evacuation routes.
*** *** *** *** *** text break *** *** *** *** ***
Policy 12.1.9: [Revised text,page 53]
Collier The County through its Local Mitigation Working Group shall annually update its approved
14a2apd Local Mitigation Strategy Plan, formerly known as the "Local Hazard Mitigation Strategy"
through the identification and review of new or ongoing local hazard mitigation projects and including,
identifying the appropriate funding sources for such projects.
*** *** *** *** *** text break *** *** *** *** ***
Policy 12.1.11: [Revised text, page 53]
The County wi11 shall continue to coordinate with Collier County Public Schools to ensure that all new
public schools outside of the Coastal High Hazard Area are designed and constructed to meet the
Public Shelter Design Criteria, as contained in "State Requirements for Educational Facilities" (l-999
2007).
Policy 12.1.12: [Revised text, page 53]
The County wi11 shall continue to work with the Board of Regents of the State University System to
ensure that all new facilities in the State University System that are located outside of the Coastal High
Hazard Area are designed and constructed to meet the Public Shelter Design Criteria, as contained in
"State Requirements for Educational Facilities" (1999 2007) and the Florida Building Code.
Policy 12.1.13: [Revised text,page 53]
The County will shall continue to mitigate previously identified shelter deficiencies through mitigation
from Developments of Regional Impact, Emergency Management Preparedness and Enhancement
grants, Hazard Mitigation and Pre-disaster Mitigation Grant Programs funding, and from available
funds identified in the State's annual shelter deficit studies.
Policy 12.1.14: [Deleted text, page 53]
•- •- - • . II •. . .. - - . - .
Policy 12.1.145: [Revised text,page 55]
Words underlined are added;words struck-through are deleted. 29
All new nursing homes and assisted living facilities that are licensed for more than 15 clients will shall
have a core area to shelter residents and staff on site. The core area will be constructed to meet the
Public Shelter Design Criteria that is required for new public schools and public community colleges
and universities ("State Requirements for Educational Facilities," 2007 1999). Additionally this area
shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less
than 48 72 hours.
*** *** *** *** *** text break *** *** *** *** ***
Policy 12.1.16 : (Revised text, page 54]
Collier County is conducting a Hurricane Evacuation Study. If warranted by the results of that study,
Hurricane Evacuation Studies that are periodically conducted by the State of Florida and/or Federal
Authorities,further restriction on development may be proposed.
OBJECTIVE 12.2: [Revised text,page 54]
The County shall-cEnsure that publicly funded buildings and publicly funded development activities
are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and
re-building cost from the effects from hurricanes, flooding, natural and technological disaster events.
Best practice efforts may include, but are not limited to:
a. Construction above the flood plain;
b. maintaining a protective zone for wildfire mitigation;
c. installation of on-site permanent generators or temporary generator emergency connection points;
d. beach and dune restoration, re-nourishment, or emergency protective actions to minimize the loss
of structures from future events;
e. emergency road repairs;
f. repair and/or replacement of publicly owned docking facilities,parking areas, and sea walls, etc.
*** *** *** *** *** text break *** *** *** *** ***
Policy 12.2.5: [Revised text, page 55]
The County shall consider the Coastal High Hazard Area as a geographical area lying below the
elevation of within the Category 1 storm surge line zone as presently defined in the 2011 2001
Southwest Florida Regional Planning Council's Hurricane Evacuation Study, or subsequently
authorized storm surge or evacuation planning studies coordinated by the Collier County Emergency
Management Department and approved by the Board of County Commissioners.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 12.3: [Revised text, page 55]
The County shall dDevelop and maintain a task force that will plan and guide a unified County
response to post-hurricane disasters.
*** *** *** *** *** text break *** *** *** *** ***
n
Words underlined are added;words struck ough are deleted. 30
Policy 12.3.2: [Revised text, page 55]
• - - • •• ' . •- - • • - • •. •- -, tThe Board of County Commissioners shall meet to
hear preliminary damage assessments after a hurricane that has necessitated an evacuation. This will
• • - - - - - - -- -- -. . •- . At that time, the Commission will may activate the
recovery task force and consider a temporary moratorium on building activities not necessary for the
public health, safety and welfare.
Policy 12.3.3: [Revised text, page 55]
The Recovery Task Force shall include the Sheriff of Collier County, the Community-Developmen
and Environmental Services Growth Management Division Administrator, the Comprehensive
Planning Director, the Zoning and Land Development Services Review Director, the Bureau of
Emergency Services Management Director and other members as directed by the Board of County
Commissioners, such as. The Board should also include representatives from municipalities within
Collier the County that have received damage from the a storm to become members of the Recovery
Task Fec.
*** *** *** *** *** text break *** *** *** *** ***
OBJECTIVE 12.4: [Revised text, page 56]
The County shall make every reasonable effort to meet the emergency preparedness requirements of
people Persons with sSpecial nNeeds such as the elderly, handicapped, the infirmed and those
requiring transportation from a threatened area. In the event of a countywide emergency, such as a
hurricane or other large-scale disaster, the County Emergency Management Department in
n coordination with the County Health Department and other officials shall open and operate one or
more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical
and support equipment at such refuges will include, but not necessarily be limited to, respirators,
oxygen tanks, first aid equipment, disaster cots and blankets, and defibrillators.
*** *** *** *** *** text break *** *** *** *** ***
EAR-CCME—EAC Transmittal Hearing 12/07/11
G:ICDES Planning Services\Comprehensive12011 EAR-BASED GMP AMENDMENTSIEAC TransmittallElemenfs\CCME-MM
MM
Words underlined are added;words strusli-thfotigl4 are deleted. 31
Assessment of the Successes and Shortcomings
and Recommendations
for the Conservation and Coastal Management Element
A. Background and Introduction
The Conservation and Coastal Management Element of the Growth Management Plan provides the
County the guidance to: manage coastal systems and historic resources, and maintain shoreline lands
and infrastructure so as to enhance environmental, recreational, and economic opportunities and
protect human life; protect, conserve and manage natural systems, and vegetative and land resources;
and,where appropriate,enhance air and water quality.
The Conservation and Coastal Management Element includes thirteen (13) Goals and associated
objectives and policies. These Goals are summarized as follows:
1. Protection of natural resources;
2. Protection of surface and estuarine water resources;
3. Protection of groundwater resources;
4. Protection of freshwater resources;
5. Protection of mineral and soil resources;
6. Protection of native vegetation and wildlife habitat;
7. Protection of fisheries and wildlife;
8. Maintenance of existing air quality;
9. Management of hazardous materials and hazardous wastes;
10. Protection of coastal resources;
11. Protection of historic resources;
12. Hurricane evacuation and sheltering; and,
13.Avoiding duplication of regulations
During the reporting period for this Evaluation and Appraisal Report, the County has been successful
in furthering the Element's overall purposes of: protecting and conserving natural resources;protecting
human life and property along the coast; and,protecting and managing watersheds and estuarine areas.
The County has implemented and maintained various programs and regulatory controls that have been
instrumental in protecting and conserving wetlands, listed species habitat and other areas appropriate
for protection; these include, but are not limited to: (1) The Stewardship Program in the Rural Lands
Stewardship Area Overlay; (2) The Transfer of Development Rights Program in the Rural Fringe
Mixed Use District; (3) The Conservation Collier land acquisition program; and (4) Regulatory
controls within the Conservation and Coastal Management Element and the Land Development Code.
Additionally, the County continues to maintain timely hurricane evacuation and sheltering practices;
constructed the new James V. Mudd Emergency Services Center with state of the art equipment;
maintains water quality and monitoring programs; continues the development of watershed
management plans; continues periodic beach renourishment and dredging projects; and, continues to
monitor sea turtle nesting.
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Preparation of this Section of the Evaluation & Appraisal Report (EAR) involved coordination
between Comprehensive Planning staff and the following departments/sections: Land Development
Services Department — Zoning Services Section, Stormwater and Environmental Planning Section,
Engineering Services Section; Public Utilities Engineering and Water Departments; Pollution Control n.
Department; Parks and Recreation Department; Coastal Zone Management Department; Facilities
Department—Conservation Collier; and the Bureau of Emergency Services. Changes are proposed to
the following Objectives and Policies.
B. Objective Analysis
OBJECTIVE 1.1:
Collier County will continue to develop and implement a comprehensive environmental
management and conservation program, which will ensure that the natural resources,
including State and Federally listed animal species, of Collier County are properly,
appropriately, and effectively identified, managed, and protected.
Objective Achievement Analysis:
Collier County continues to operate the program described in this Objective.
This Objective remains relevant and should be retained. However, the Objective should be revised to
reflect that the program is ongoing.
Policy Relevance:
Policy 1.1.3:
Collier County shall continue to support established environmental policies by maintaining an
appropriately administered and professionally staffed governmental unit capable of
developing, administering, and providing long-term direction for the protection and
management of the County's environmental resources.
Policy Achievement Analysis:
The County continues to support established environmental policies by maintaining an appropriately
administered and professionally staffed governmental unit capable of developing, administering, and
providing long-term direction for the protection and management of the County's environmental
resources.
This Policy remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop—Suggesting
that the financial feasibility of achieving the Policy objectives with limited staff resources be
evaluated]
[Post EAC and CCPC Workshops and Adoption Hearings—Staff Comment—No change to this Policy
is recommended Staff believes that current staffing levels are adequate to fulfill the Policy objectives,
and adjustments have been made over time in response to changes in workload.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing - Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy 1.1.6:
In those areas of Collier County where oil extraction and related processing is an allowable
use, such use is subject to applicable state and federal oil and gas permits and Collier County
�-. non-environmental site development plan review procedures. Directional-drilling and/or
previously cleared or disturbed areas shall be utilized in order to minimize impacts to native
habitats, where determined to be practicable. This requirement shall be deemed satisfied upon
issuance of a state permit in compliance with the criteria established in Chapter 62C-25
through 62C-30, F.A.C., as those rules exist on the effective date of this amendment to the
Collier County Comprehensive Plan, regardless of whether the activity occurs within the Big
Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County
environmental permitting requirements shall be considered satisfied by evidence of the
issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas
activities in Collier County, so long as the state permits comply with the requirements of
Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary
of the Big Cypress Watershed, the applicant shall be responsible for convening the Big
Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance
with Chapter 62C-25 through 62C-30, F.A.C. even if outside the defined Big Cypress
Watershed. All access roads to oil and gas uses shall be constructed and protected from
unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through
(12), F.A.C.
Policy Achievement Analysis:
Policy 1.1.6 outlines the environmental review criteria for oil extraction and related processing, where
oil extraction and related processing is an allowable use in the County.
This Policy remains relevant and should be retained. However, the Policy should be revised to include
the effective date of the amendment.
r-� OBJECTIVE 1.2:
Maintain the framework for an integrated, computer-based environmental resources data
storage, analysis, and graphics system and annually update the databases based on previous
year's analytical data in order to monitor the status of the County's natural resources and
propose potential protection measures when appropriate.
Objective Achievement Analysis:
The Collier County Environmental Planning Section maintains a robust, GIS-based system (ESRI's
A.rcGIS)that will be updated annually.
This Objective remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting
that the Objective address/include provisions for quality of data, analysis of data, and availability of
data; and, the Environmental Planning Section maintain copies of and an index to, analyses
performed on these GIS-based data.]
[Post EAC and CCPC Workshops and Adoption Hearings—Staff Comment—No change to this Policy
is recommended. The computer-based environmental resources data is stored with the Division's GIS
data. This makes the data most available to other county staff. Data quality details are stored as
metadata files when they are provided by the data source. Published GIS data are required to include
metndata files. Almost all county data are public records and available, there is no need for the
3
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
environmental planning section to maintain copies. A log of environmental analysis will be started
and stored with the environmental GIS data.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing— Concurs t '
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
Policy Relevance
Policy 1.2.3:
Collected and/or compiled data will be organized by established water-shed and sub-basin
units.
Policy Achievement Analysis:
Most of this data is in GIS format, so there is no need or benefit to organize it by watershed.
The Policy remains relevant and should be retained. However, the Policy should be modified to
require watershed dependent data only be organized by watershed and sub-basin units.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting
that text be added to the Policy that ensures data quality.]
[Planning Commission Comment from the August 27, 2010 EAR Workshop—Suggesting that the
Policy be revised to read, "Non GIS-based data collected will be organized by established watershed
and sub-basin units. "J
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the
CCPC recommendation that the Policy be revised for clarity. However, staff does not concur with the
EAC's recommendation, as "data quality" is addressed in preceding Policies.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing— Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
Policy 1.2.5
Collier County's computerized environmental resources data storage, analysis and graphics
system shall share information and resources with other Federal, State, Regional, local and
private environmental management agencies and organizations and the general public. The
County shall cooperate with these other entities when updating its system in order that the
benefits of the updated system may be shared with all appropriate agencies and organizations.
Policy Achievement Analysis:
Provisions for working cooperatively with other agencies and sharing data with the public are in the
preceding policies.
This Policy is no longer relevant and should be deleted.
OBJECTIVE 1.3:
Pursuant to Administration Commission Final Order AC-99-002 dated June 22, 1999, the
County has completed the phased delineation, data gathering, management guidelines and
implementation of the Natural Resources Protection Area (NRPA) program as part of the
required Collier County Rural and Agricultural Assessment. Through this Assessment, the
County has determined that the NRPA program is not the only mechanism to protect
4 n
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
significant environmental systems. Accordingly, within the Rural Lands Stewardship Area
Overlay in the Future Land Use Element, the County has delineated Stewardship Sending
Areas that will function to protect large environmental systems. Pursuant to the following
policies, the County shall protect identified environmental systems through the NRPA and
Rural Lands Stewardship programs.
Objective Achievement Analysis:
This Objective remains relevant and should be retained. However, the Objective should be rewritten
for clarity(i.e. formatting).
Policy Relevance:
Policy 1.3.1:
The purpose of the NRPA program is to direct incompatible land uses away from significant
environmental systems that exist at a landscape scale, contain large systems of connected
wetland and upland habitats, and support a wide variety of listed species. The program will
include the following:
a. Identification of the NRPAs in map form as an overlay to the Future Land Use Map;
During the Assessment for the Rural Fringe area, the County has determined that CREW
Trust lands, Belle Meade, a portion of the Northern Belle Meade shall be identified as
NRPAs. The County also has determined that the South Golden Gate Estates is a NPRA.
The specific boundaries have been identified as NRPAs on the Future Land Use Map.
b. A process for verifying the existence and boundaries of NRPAs during development
permit applications;
c. Guidelines and standards for development of NRPAs including conservation guidelines
to protect natural resource values, to maintain ecologically functioning systems, and to
n restore or mitigate NRPAs already degraded. Allowable land uses,
vegetation preservation standards, development standards, and listed species
protection criteria for the NRPAs are those contained in the NRPA Overlay within the
Future Land Use Element.
d. A review process, integrated into the normal development application review, to ensure
that the guidelines and standards are being met;
e. A program to defer development of NRPAs. First consideration should be fee simple
purchase (based on public referenda approving and funding purchases). Other options
should include, but not be limited to, tax incentives and transfer of development rights;
f. A program to pursue Delegation of Authority Agreements with State and Federal
Permitting agencies for local regulation of activities that may alter the biological and
physical characteristics of NRPAs;
g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal
land acquisition programs for County areas qualifying as NRPAs.
Policy Achievement Analysis:
The County established Natural Resource Protection Areas (NRPAs) to direct incompatible land uses
away from significant environmental systems that exist at a landscape scale, contain large systems of
connected wetland and upland habitats, and support a wide variety of listed species. The Policy also
provides information regarding the relationship of the NRPAs to the Rural and Agricultural Area
Assessment. Finally, the Policy requires the County to seek assistive from, and support, state and/or
federal land acquisition programs for areas qualifying as NRPAs; Conservation Collier identifies
nominated properties within Federal and State acquisition areas and coordinates with the agencies to
make them aware of willing sellers within their acquisition areas.
5
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
This Policy remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting
to delete the acronym "CARL" and insert "Florida Forever"; and spell-out the acronym, "SOR" -
Save Our Rivers.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment —Staff generally agrees
with the EAC's recommendation, and suggests that the Policy be revised to read, "The County shall
seek assistance from, and support, State and/or Federal land acquisition programs for County areas
qualifying as NRPAs.'
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing- Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
Policy 1.3.4:
Guided by the Technical Advisory Committee, designate and adopt management guidelines
and performance standards for County natural resource protection areas. Implementation
shall occur on an annual basis as NRPAs and their implementation criteria are developed.
Policy Achievement Analysis:
The Policy objectives have been achieved as part of the Growth Management Plan amendments to
satisfy the Final Order.
This Policy is no longer relevant and should be deleted.
OBJECTIVE 2.1:
By January 2008, the County shall complete the prioritization and begin the process of
preparing Watershed Management Plans, which contain appropriate mechanisms to protect
the County's estuarine and wetland systems. The process shall consist of(1) an evaluation of
areas for which Watershed Management Plans are not necessary based on current or past
watershed management planning efforts, (2) an assessment of available data and information
that can be used in the development of Watershed Management Plans, and (3) budget
authorization to begin preparation of the first Watershed Management Plan by January 2008.
A funding schedule shall be established to ensure that all Watershed Management Plans will
be completed by 2010. In selecting the order of Plan completion, the County shall give
priority to watersheds where the development growth potential is greatest and will impact the
greatest amount of wetland and listed species habitats. The schedule and priorities shall also
be coordinated with the Federal and State agency plans that address Total Maximum Daily
Loads(TMDLs). Until the Watershed Management Plans are completed, the County shall apply
the following as interim standards for development:
a. All new development and re-development projects shall meet 150% of the water quality
volumetric requirements of Section 5.2.1(a) of the Basis of Review for Environmental
Resource Permit Applications Within the South Florida Water Management District
(February 2006) and the retention and detention requirements, and the allowable offsite
discharge rates required by Drainage Sub-element Policy 6.2 and 6.3, respectively;
b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall
be compensated for by providing an equal amount of storage or conveyance capacity
on site and within or adjacent to the impacted wetland.
c. Floodplain storage compensation shall be evaluated for developments within the
designated flood zones "A", "AE", and "VE" as depicted on the Flood Insurance Rate
Maps published by the Federal Emergency Management Agency with an effective date
6
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
of November 17, 2005. Floodplain storage compensation shall also be evaluated for
areas known to be periodically inundated by intense rainfall or sheetflow conditions.
d. All development located within areas identified on Figure 1 shall be evaluated to
determine impacts to natural wetlands, flowways, or sloughs. For this particular
evaluation, natural wetlands, flowways, or sloughs shall be tentatively identified as
contiguous lands having a continual preponderance of wetland or wet facultative plant
species and a ground elevation through the major portion of the natural wetland,
flowway, or slough at least one (1) foot lower than the ground at the edge of the natural
wetland, flowway, or slough. The edge of the natural wetlands, flowways, or sloughs
shall be identified by field determination and based upon vegetation and elevation
differences from the adjacent uplands or transitional wetlands. The County shall
require the applicant to avoid direct impacts to these natural wetlands, flowways, or
sloughs or, when not possible, to ensure any direct impact is minimized and
compensated for by providing the same conveyance capacity lost by the direct impact.
The County shall adhere to the limiting discharge rates of each basin as outlined in
Ordinance 2001-27, adopted May 22, 2001 which amended the County Water
Management Policy and provided basin delineations where special peak discharge
rates have been established. The limiting discharge rates will be reviewed as a part of
the Watershed Management Plans, and modified according to the analyses and findings
of the Watershed Management Plans.
e. All new development and re-development projects shall ensure surrounding properties
will not be adversely impacted from the project's influence on stomiwater sheet flow.
f. Prior to the issuance of a final development order, the County shall require all
development projects to obtain the necessary state and federal environmental permits.
g. Within one year of the effective date of these amendments, the County shall adopt land
development regulations to require Best Management Practices of future development
or re-development projects. Best Management Practices means structural and non-
structural facilities or practices intended to reduce pollution either through source
control or treatment of stormwater.
Figure 1. Restoration Project Areas Where Interim Development Standard 2.1.d is
Applicable [See Figure 1 following CCME text]
Objective Achievement Analysis:
Collier County is currently involved in the development of the Watershed Management Plans. The
County completed the initial delineation and prioritization of the watersheds by the end of November
2007. Dedicated funding for development of the Watershed Management Plans was also obtained and
set aside in 2007. The County coordinated with the Florida Department of Emergency Management
coastal Light Detection and Ranging (LiDAR) aerial topographic mapping effort to obtain more
detailed and expanded coverage of the County. The County also coordinated with the South Florida
Water Management District to utilize their existing two-dimensional regional hydrologic and hydraulic
model for southwest Florida as a starting tool in the development of the Watershed Management Plans.
The County utilized the various policies under CCME Objective 2.1 to form the basis for the Scope of
Services and then hired a consultant team to prepare the Watershed Management Plans. The work is in
progress and is scheduled for completion by the end of 2010.
This Objective remains relevant and should be retained. However,the Objective should be modified to
reflect completed work, and the first sentence in (c) reworded as follows, "Floodplain storage
compensation shall be evaluated for developments within the designated Special Flood Hazard Area
(flood zones starting with the letter"V"or"A")as depicted on the effective Flood Insurance Rate Map
published by the Federal Emergency Management Agency."
7
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
[Public Comment(Community Meeting held on 3/15/10):
Public stated that the County has not developed a county-wide stormwater plan.]
[Public Comment(Community Meeting held on 3/15/10)=, /•-■
Public stated that all development in the urban zones and outside should be considered and evaluated
after each watershed and its characteristics are developed.]
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop—Suggesting
to add in section b. of the Objective, a requirement that compensation for all wetland impacts occur
within the same drainage area.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change is
recommended to this Objective as part of the EAR-based amendments, as wetland impacts will be
addressed as part of the Watershed Management Plans. Further, mitigation requirements for wetland
impacts will be determined by the BCC with the adoption of the Watershed Management Plans.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing - Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
Policy Relevance
Policy 2.1.3:
The Plans will also evaluate structural and non-structural controls for restoring historical
hydroperiods in impacted watersheds where possible and for reducing the impacts of canal
and stormwater discharges to estuaries.
Policy Achievement Analysis:
The Scope of Services for development of the Watershed Management Plans includes this policy's n
features.
The Policy remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop—Suggesting
that measurement tools be added to the Policy so as to determine improvements to the watersheds over
time.]
[Environmental Advisory Council(EAC) Comment from the November 3, 2010 Adoption Hearing—
Suggesting that the EAC comment from August 11, 2010 be revised to read, "measurement tools be
added to the Policy for determining improvements to the watersheds over time. "]
[Post EAC and CCPC Workshops and Adoption Hearings— Staff Comment —No change to the Policy
is recommended at this time. The Watershed Management Plans include performance measures, and
the need for future evaluation of improvements will be addressed when Plans are adopted]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing - Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
Policy 2.1.6:
Until the completion and adoption of individual watershed management plans, promote water
management permitting on a basin by basin approach.
8
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy Achievement Analysis:
Water management permitting is regulated by the South Florida Water Management District.
The Policy is not relevant and should be deleted, as water management permitting is regulated by the
SFWMD.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop—Suggesting
that data shortfalls be addressed]
[Environmental Advisory Council (EAC) Comment from the November 3, 2010 Adoption Hearing—
Suggesting that EAC comment from August 11, 2010 be revised to read, "use watershed management
plans for ongoing data collection guidance. "]
[Post EAC and CCPC Workshops and Adoption Hearings— Staff Comment —No change to the Policy
is recommended at this time, as the Watershed Management Plans will identify data needs.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing— Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.)
Policy 2.1.7:
Collier County shall take the lead and promote intergovernmental coordination between the
County and other governmental agencies involved with watershed planning, including, but not
necessarily limited to, the municipalities of Marco Island, Naples and Everglades City, the
Florida Department of Environmental Protection, the South Florida Water Management District,
the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service, the
U.S. Army Corps of Engineers and other governmental agencies. The County will take the lead
and oversee the preparation of the necessary watershed management plans, and will rely upon
the work performed or data collected by other agencies, to the extent that these agencies have
data and/or experience, which may be useful within the watershed basin planning and
management process.
Policy Achievement Analysis:
This Policy describes the Scope of Services for the development of the Watershed Management Plans.
The Policy remains relevant and should be retained. However, the Policy should be modified to reflect
work completed and that the listed activities are on-going.
OBJECTIVE 2.2:
All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal,
State, or local water quality standards.
Objective Achievement Analysis:
This Objective has not been met, because there are several water bodies in Collier County that do not
meet Federal or State water quality standards. The Florida Department of Environmental Protection
(FDEP) and the United States Environmental Protection Agency have finalized the list of those water
bodies that do not meet water quality standards, and in 2008 FDEP developed Total Maximum Daily
Loads for these water bodies. The Watershed Management Plans being developed by Collier County
will address these water bodies.
Water quality improvement initiatives have been taken within Collier County to address some water
quality issues. A new water quality treatment system referred to as Freedom Park has been constructed
to treat the water within the Gordon River. In addition the Lake Trafford dredging project, which is
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
currently ongoing, has been removing the muck on the bottom of the lake in order to improve the
lake's water quality and prevent future fish kills.
Collier County Pollution Control continues to implement numerous proactive programs designed to
protect the County's surface water quality from man-made pollution sources. However, due to natural
conditions impacting the water quality found in Collier County, some federal and state water quality
conditions may not be achievable. Therefore, Collier County will continue to take all necessary
actions to maintain the highest attainable level of surface water quality within its watersheds.
This Objective remains relevant and should be retained. However, the Objective should be reworded
similar to Goal 3 to read, "to attain the highest water quality practical."
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting
staff examine the use of filter ponds to improve water quality of canals]
[Planning Commission Comment from the August 27, 2010 EAR Workshop—Suggesting that the
Objective be retained as written.]
[Recommendation from the October 14, 2010 South Florida Water Management District Comments to
the Department of Community Affairs on the Proposed EAR—Suggesting that the Objective be
retained as written.]
[Post EAC and CCPC Workshops and Adoption Hearings—Staff Comment—Staff concurs with the
stated recommendations that the Objective should be retained as written.]
Policy Relevance:
Policy 2.2.1:
Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or
jurisdictional wetlands unless they meet Florida Department of Environmental Protection
(FDEP) regulations and are not in violation of other Goals, Objectives and Policies of this
Element.
Policy Achievement Analysis:
Policy 2.2.1 bans wastewater treatment plants from discharging directly into rivers, canals or
jurisdictional wetlands unless they meet Florida Department of Environmental Protection (FDEP)
regulations and are not in violation of other Goals, Objectives, and Policies of this Element.
This Policy remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop—Suggesting
to insert the phrase, "encourage wastewater re-use for irrigation"within the Policy.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff recommends
retaining the Policy as written, as the reference to "re-use" is not applicable to this Policy. Further,
staff suggests an additional Policy be added within the CCME to address the EAC's recommendation,
if Board directed]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing - Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy Achievement Analysis:
Policy 2.2.2:
^ In order to limit the specific and cumulative impacts of stormwater run-off, stormwater
systems should be designed in such a way that discharged water does not degrade receiving
waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the
estuarine system. Non-structural methods such as discharge and storage in wetlands are
encouraged.
Policy Achievement Analysis:
Policy 2.2.2 limits the specific and cumulative impacts of stormwater run-off.
The Policy remains relevant and should be retained. However, the Policy should be revised to delete
the word"in" and with the word"into"in the last sentence.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting
staff limit nitrogen and phosphorous use through a fertilizer ordinance, so these nutrients become less
likely to reach waterways (seasonal uses, granular forms, no application near storm drains or water
retention/flow areas). Also, limit application of pesticides in a similar fashion.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — The adoption of a
fertilizer ordinance is required by Chapter 403.9337, Florida Statutes, and will be part of the
Watershed Management Plans.]
Policy 2.2.3:
Chemical spraying for aquatic weed control should be conducted with extreme caution. The
use of appropriate biological and mechanical (use of harvesting equipment to remove
r vegetation) controls in both the canal system and stormwater detention ponds is encouraged.
Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed.
Policy Achievement Analysis:
Policy 2.2.3 requires that chemical spraying for aquatic weed control should be conducted with
extreme caution and encourages the use of biological and mechanical controls.
The Policy remains relevant and should be retained.
[Environmental Advisory Council(EAC) Comment from the August 11, 2010 Workshop —Suggesting
staff develop an ordinance or LDC guidelines for the application of weed control.]
[Post EAC and CCPC Workshops and Adoption Hearings— Staff Comment —Aquatic plant control is
necessary to keep the canal systems flow capacity adequate to prevent flooding. Maintenance
activities are regulated by State licensing and Federal label requirements. Operational policies will
be discussed in the Watershed Management Plans.]
Policy 2.2.4:
Continue and expand when needed the existing water quality monitoring program for sampling
canals and rivers and assess the data annually.
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy Achievement Analysis:
Policy 2.2.4 requires the continuation and expansion of the County's water quality sampling program.
Collier County Pollution Control Department (CCPCD) continues monitoring a fixed network of
surface water stations throughout the county. The network is evaluated every 3 years to determine the n
relevancy of the sampling sites. If water quality problems are found that may impact public health, a
very intensive study area (VISA) is initiated to determine the source of the water quality problems.
The surface water quality data were assessed in 2007 by CCPCD; in 2008 by the Florida Department
of Environmental Protection under the Impaired Waters Rule Assessment; and will be reassessed in
2010 by CCPCD.
The Policy remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting
staff use analysis of existing data to drive new data collection.]
[Post EAC and CCPC Workshops and Adoption Hearings— Staff Comment —The Policy remains
relevant and should be retained as written.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing— Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
Policy 2.2.5:
By December 31, 2008, and no less than every three years, stormwater management systems
shall be inspected and certified by a licensed Florida professional engineer for compliance
with their approved design, and any deficiencies shall be corrected.
Policy Achievement Analysis:
The deadline for Policy 2.2.5 has not been met, and the County has not identified stormwater n
management systems that are not currently meeting State water quality treatment standards. The
County is developing a process for stormwater management systems, which is expected to be
completed by December 2015.
This Policy remains relevant and should be retained. However, the Policy should be revised to reflect
an extended deadline to December 2015; and include a requirement to coordinate activities with the
South Florida Water Management District(SFWMD)and FDEP.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop — Suggesting
to add benchmarks within the Policy for the achievement of the stated objectives by year 2015.]
[Post EAC and CCPC Workshops and Adoption Hearings—Staff Comment—No change to the Policy
is recommended at this time. The Florida Department of Environmental Protection has been working
on an update to the statewide stormwater Rule that includes system inspections. The County is
following the development of this Rule and will wait to review the standards in the Rule prior to
adopting a local ordinance.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing— Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
OBJECTIVE 2.3:
All estuaries shall meet all applicable federal, state and local water quality standards.
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Objective Achievement Analysis:
This Objective has not been met. Not all estuaries meet Federal or State water quality standards. The
Watershed Management Plans developed by the County will address measures to bring these water
bodies into compliance with State and Federal water quality standards. Currently,the County monitors
its water quality through the collection and evaluation of ground water and surface water samples.
This Objective remains relevant and should be retained. However, the Objective should be revised to
include the development of a plan, in coordination with the FDEP,to meet applicable federal, state and
local water quality standards.
[Environmental Advisory Council(EAC) Comment from August 11, 2010 Workshop—Suggesting that
staff consider monitoring locations.]
[Planning Commission (CCPC) Comment from August 27, 2010 EAR Workshop—Suggesting that the
Objective be retained as written.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff recommends
retaining the Objective as written.]
Policy Relevance:
Policy 2.3.4:
Continue to implement and refine a water quality and sediment monitoring program for the
estuarine system.
Policy Achievement Analysis:
The Coastal Zone Management (CZM) Department implemented a water quality monitoring program
in October of 2008. A water quality monitoring plan was written and approved. The Monitoring Plan
follows FDEP's Standard Operating Procedures and the Pollution Control Department's Lab
Procedures. Water quality sampling has been conducted in Cocohatchee Estuary for over a year; a
draft report of the data has been written. Also, water quality sampling started in November of 2009 in
Clam Bay. CZM is currently sampling the Cocohatchee and Clam Bay on a monthly basis. Master
plans will be developed with stakeholders as data and regulations are developed.
This Policy remains relevant and should be retained.
[Environmental Advisory Council(EAC) Comment from August 11, 2010 Workshop—Suggesting that
staff use the Watershed Management Plan effort to evaluate sampling points. Also, suggesting need
for a fertilizer ordinance to reduce discharges of nutrients into waterways.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff recommends
retaining the Policy as written. A fertilizer ordinance is required by State statute and will be part of
the Watershed Management Plans.]
Policy 2.3.6:
The County will only allow development activities which will not adversely impact coastal
water resources. This is implemented through the following mechanisms:
a. Require all applicable Federal and State permits addressing water quality to be
submitted to Collier County before Collier County issues a Final Development Order.
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
b. Excluding single family homes, any project impacting 5 acres or more of wetlands must
provide a pre and post development water quality analysis to demonstrate no increase in
nutrient, biochemical oxygen demand, total suspended solids, lead, zinc and copper
loading in the post development scenario.
c. By January 2008, the County shall undertake an assessment of the current model used
to evaluate pre and post development pollutant loadings referenced in (b) of this Policy.
At a minimum, the purpose of this assessment will be to verify the accuracy of the model
and to provide data evaluating stormwater management structure design. In reviewing
the accuracy of the model, the County will include an evaluation of the reduction of lake
depths with time and the corresponding loss of retention volume, the impact of lake
stratification, and the need for aeration. The assessment will also include the sampling
of runoff from undisturbed sites and from permitted stormwater outfalls for the
parameters listed in Paragraph (b) of this Policy and pesticides. The results of the
assessment and recommendations regarding the pollutant loading analysis, revisions to
current model methodology, potential regulatory restrictions, and further monitoring
shall be presented to the Board of County Commissioners for further direction.
Policy Achievement Analysis:
Policy 2.3.6 requires the County to only allow development activities which will not adversely impact
coastal water resources. This is to be implemented by 1)requiring applicable Federal and State permits
addressing water quality to be submitted to Collier County before Collier County issues a Final
Development Order, 2) require projects, excluding single family homes, impacting 5 acres or more of
wetlands to provide a pre and post development water quality analysis to demonstrate no increase in
nutrient, biochemical oxygen demand, total suspended solids, lead, zinc and copper loading in the post
development scenario and 3) undertake an assessment of the current model used to evaluate these pre
and post development pollutant loadings.
Regarding,a pre-development vs. post-development analysis for nutrients, BOD, TSS, Pb, 7.n, and Cu,
LDC section 10.02.02 A.3.a.ii indicates that the analysis shall be performed using "approved
methodologies"and only requires the analysis on nutrients. The methodology that has been used by the
US Army Corps of Engineers and is being developed by the Florida Department of Environmental
Protection is limited to nutrients (nitrogen and phosphorus).
The original state stormwater regulations were based on a standard of 80 % removal of TSS. Current
evaluations of Florida stormwater regulation indicate the design needs to address increasing
concentrations of nutrients (nitrogen and phosphorus) in surface and ground water. Additionally other
significant pollutants are more easily removed than nitrogen or phosphorus (Harper, 2007). The draft
permitting handbook for the update of the state stormwater rule includes analysis only for nitrogen and
phosphorus loadings (FDEP, 2009). In the new model the pre development conditions are now
considered to be the conditions represented by the SWFFS Natural Systems Model. (This analysis
model is very similar to that proposed in Evaluation of Alternative Stormwater Regulations for
Southwest Florida, 2003)." The model proposed in the new stormwater rule is the preferred analysis,
by staff.
The FDEP evaluation of the stormwater rules in preparation of development of the proposed state-wide
stormwater rule addressed the issues identified in section c. Harper (2007) indicates that in wet
detention systems, nutrient treatment is primarily through the production of algae. He recommends that
only the top 12 feet of un-mixed systems be considered in the water quality treatment requirement.
(Deeper depths are recognized as storage of solids and treatment for other constituents.) This is also
the recommendation of the "Applicant's Handbook" for the proposed rule. The choice of whether to
aerate/mix wet detention systems or not is left to the applicant, but the treatment is only based on the
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
aerated portion. Additionally, the monitoring of solids accumulation to identify when impacts to
treatment volume is required annually. FDEP also studied runoff from native vegetative communities
(Harper 2009)and reported runoff characteristics for nutrients and metals.
Due to the change in emphasis of state regulatory programs limiting the loading analysis to nutrients
and the studies that have been produced by FDEP to support the proposed stormwater rule, Collier
County recommends removing the requirement for TSS,BOD, Pb,Zn, and Cu from the Policy in
section b,and delete section c.
Literature:
Evaluation of Alternative Stormwater Regulations for Southwest Florida. Harvey Harper PhD., P.E.,
David M.Baker P.E.. Environmental Research&Design,Inc.2003
Evaluation of Current Stormwater Design Criteria within the State of Florida.Harvey Harper PhD.,P.E.,
David M.Baker P.E.. FDEP 2007
Environmental Resource Permit Stormwater Quality.Applicant's Handbook.Draft(July 2009).FDEP"
Runoff Characteristics of Natural Vegetation Communities in Florida Draft Final Report September 2009.
Harvey Harper PhD.,P.E.2009.FDEP
OBJECTIVE 2.5:
The County will continue with the implementation of its estuarine management program by
requiring development to meet its current standards addressing stormwater management, and
the protection of seagrass beds, dune and strand, and wetland habitats.
Objective Achievement Analysis:
The estuarine management program has been implemented. The development of watershed
management plans for the County has been included elsewhere in the CCME. The estuarine
management program has been implemented through the following:
1. CCME Policies under Goals 2, 6, 7 and 11
2. LDC Sections
3.03.00 Coastal Zone Management
3.04.00 Protection of Endangered, Threatened,or Listed Species
3.05.01 Vegetation Removal,Protection,and Preservation
5.03.06 Dock Facilities(Protection of seagrass beds)
9.04.06 Variance to the Coastal Construction Setback Line
10.02.02.A Environmental Data Submittal Requirements
10.02.06.I Vehicle-on-the-Beach Regulations
3. Manatee Protection Plan
4. County water quality monitoring program
5. Artificial reef program
6. Waterways management program
The Objective and associated Policies are no longer relevant and should be deleted.
[Planning Commission Comment from the August 27, 2010 EAR Workshop — Suggesting that the
Objective and Policies be retained, but revised to reflect the initial implementation, and ongoing
maintenance of the estuarine management program.]
[Environmental Advisory Council (EAC) Comment from the November 3, 2010 Adoption Hearing —
The EAC is in agreement with the CCPC comment from the August 27, 2010 EAR Workshop.]
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
[Post EAC and CCPC Workshops and Adoption Hearings— Staff Comment —Staff concurs with the
EAC and CCPC recommendations that the Objective and Policies should be retained to ensure the
continuance of the estuarine management program]
Policy Relevance:
Policy 2.5.1:
Identify land use activities that have the potential to degrade the estuarine environmental
quality.
Policy Achievement Analysis:
Policy is no longer relevant and should be removed(see Objective Achievement Analysis).
[Planning Commission Comment from the August 27, 2010 EAR Workshop — Suggesting that the
Policy be retained, but revised to reflect the initial implementation, and ongoing maintenance, of the
estuarine management program.]
[Post EAC and CCPC Workshops and Adoption Hearings— Staff Comment —Staff concurs with the
CCPC recommendation.]
Policy 2.5.2:
This management program shall incorporate information obtained from the various watershed
management plans described elsewhere in this Element
Policy Achievement Analysis:
Policy is no longer relevant and should be removed(see Objective Achievement Analysis).
[Planning Commission Comment from the August 27, 2010 EAR Workshop—Suggesting that the
Policy be retained, but revised to reflect the initial implementation, and ongoing maintenance of the
estuarine management program.]
[Post EAC and CCPC Workshops and Adoption Hearings— Staff Comment —Staff concurs with the
CCPC recommendation.]
Policy 2.5.3:
This program shall in part be based on the estuarine data analyses and management
recommendations contained in the County's coastal management program's technical reports.
Policy Achievement Analysis:
Policy is no longer relevant and should be removed (see Objective Achievement Analysis).
[Planning Commission Comment from the August 27, 2010 EAR Workshop — Suggesting that the
Policy be retained, but revised to reflect the initial implementation, and ongoing maintenance of the
estuarine management program.]
[Post EAC and CCPC Workshops and Adoption Hearings— Staff Comment —Staff concurs with the
CCPC recommendation.]
OBJECTIVE 3.1:
Ground water quality shall meet all applicable Federal and State water quality standards.
Ground water quality shall be monitored in order to determine whether development activities
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
are contributing to the degradation of Collier County's ground water quality. Ground water
data and land use activities will be assessed annually to determine long-term trends and
whether the County is meeting Federal and State regulatory standards for ground water
quality. The County shall require ground water monitoring of land uses in accordance with
Chapters 62-520, 62-550 and 62-777 of the Florida Administrative Code. Upon the detection of
any ground water degradation determined through the monitoring process, the County will
notify the appropriate regulatory agencies.
In a coordinated effort with the United States Geological Survey (USGS), or of its own accord,
the County shall institute a groundwater monitoring network by 2008, including the
comprehensive inventory of monitoring wells, an assessment of monitoring wells previously
damaged, and policies to make appropriate well repairs and replacements.
Objective Achievement Analysis:
Collier County continues to implement numerous proactive programs designed to protect the County's
ground water quality from man-made pollution sources. However, due to natural conditions impacting
the water quality found in Collier County, some federal and state water quality conditions may not be
achievable. Suggest Objective be worded similar to goal to "ensure highest water quality practical". A
groundwater monitoring network was established by the County's Pollution Control Department in
2006. This monitoring network monitors seventy (70) ground water monitoring wells semiannually;
dry and wet season. These wells provide limited monitoring of the following land uses; agriculture,
commercial, golf course, park, rural residential, urban residential, utilities and wetland. Groundwater
quality is assessed annually and provided to the appropriate regulatory agencies for further
investigation of exceedances of State and Federal ground water quality standards. This network of
monitoring wells encompasses wells owned by USGS, City of Naples, Collier County Wastewater
Department and Collier County Water Department. Any monitoring well repairs or replacements
would be done at the owner's discretion.
In addition, Section 3.06 of the County's Land Development Code (Ground Water Protection) was
developed to protect existing and future wellfields, protect natural aquifer system recharge areas,
protect Countywide groundwater resources, and to protect the public health and resources through
regulation and establishment of standards for development involving the use, storage, generation,
handling, and disposal of quantities of hazardous products and hazardous waste in excess of identified
quantities, disposal of sewage and effluent, storm water management, earth mining, petroleum
exploration, solid waste, and other related aspects of land use and development.
Since a groundwater monitoring network was established in 2006, suggest Objective 3.1 be revised to
replace the second paragraph with "The County shall continue to institute a groundwater monitoring
network."
This Objective remains relevant and should be retained. However, the Objective should be revised to
reflect the establishment of the monitoring network in 2006; include in first sentence of Objective the
phrase, "to ensure highest water quality practical"; and, include a reference that monitoring activities
are ongoing.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop—Suggesting
that stafffollow trends in salinity of various aquifers to determine trending over time.]
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
[Planning Commission Comment from the August 27, 2010 EAR Workshop — Suggesting that the
Objective be retained as written, except to include a reference that the monitoring network has been
established.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment —Staff concurs with the
CCPC recommendation.]
Policy Relevance:
Policy 3.1.1:
Wellhead protection areas identified on the Future Land Use Map Series shall be protected as
follows:
1. Wellhead protection areas shall consist of four (4) Wellfield Risk Management Zones
defined as follows:
a) W-1 is the land area surrounding the identified potable water welifield wellheads and
extends to the five percent ground water capture zone boundary line (which
approximates the one year ground water travel time to the welifield).
b)W-2 is the land area between the W-1 boundary line and the ten percent ground water
capture zone boundary line (which approximates the two year ground water travel time to
the potable water wellfield).
c) W-3 is the land area between the W-2 boundary line and the twenty-five percent ground
water capture zone boundary line (which approximates the five year ground water travel
time to the potable water wellfield).
d)W-4 is the land area between the W-3 boundary line and the 100 percent ground water
capture zone boundary line(which approximates the twenty year ground water travel time
to the potable water welifield).
2. Land uses are restricted within the wellfield risk management zones as follows:
a) Future solid waste disposal facilities: prohibited in all welifield risk management zones.
b) Future solid waste transfer stations: prohibited in W-1,W-2,W-3.
c) Future solid waste storage, collection, and recycling storing hazardous products and
hazardous wastes: prohibited in W-1,W-2,W-3.
d)Future non-residential uses involving hazardous products in quantities exceeding 250
liquid gallons or 1,000 pounds of solids: provide for absorption or secondary
containment in W-1,W-2,W-3.
e) Future domestic wastewater treatment plants: prohibited in W-1.
f) Future land disposal systems: must meet high level disinfection standards as found in 40
CFR part 135.
g) Land application of domestic residuals: limit metal concentrations, nitrogen based on
uptake ability of vegetation), and require a conditional use.
h) Future petroleum exploration and production and expansions of existing: prohibited in
W-1 and W-2, conditional use required in W-3 and W-4.
i) Future on-site disposal systems (septic tanks) requiring a soil absorption area greater
than 1,000 square feet are allowed to discharge in zone W-1 subject to complying with
construction standards and provision of an automatic dosing device and a low-pressure
lateral distribution.
j) On-site sewage disposal systems (septic tanks) serving existing industrial uses and
subject to the thresholds in d) and e) above within welifield zones W-1, W-2, and W-3 shall
meet all construction and operating standards contained in 64E-10, F.A.C. as the rule
existed on August 31, 1999 and shall implement a ground water monitoring plan.
3. Conditional uses shall be granted only in extraordinary circumstances and where
impacts of the development will be isolated from the Surficial and Intermediate Aquifer.
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy Achievement Analysis:
There is one (1) policy within this Objective. Policy 3.1.1 contains criteria for the identification of
wellhead protection areas within the County's Future Land Use Map Series.
This Policy remains relevant and should be retained, but paragraph 3 should be modified to: clarify the
conditional use reference pertains to those conditional uses required by this policy, as opposed to all
conditional uses allowed by the zoning district on a given property within a wellfield protection area;
and, remove or clarify the term "extraordinary circumstances." Additionally, the Policy will be
evaluated to determine if it would be more appropriately located in the Natural Groundwater Aquifer
Recharge Sub-Element(NGARSE).
[Environmental Advisory Council (EAC) Comment from August 11, 2010 Workshop — Suggest
addressing the improvement of ground water monitoring in order to assess saltwater intrusion.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment —Implementation of the
EAC's recommendation will require the monitoring activities to be programmed and funded]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing—Requested
that staff coordinate with the SFWMD and Big Cypress Basin Board to evaluate the location and number of
monitoring wells needed, and the potential funding opportunities,for improving ground water monitoring to
assess saltwater intrusion.]
OBJECTIVE 3.3:
Continue to identify, refine extents of, and map zones of influence and contribution around
potable wellfields in order to identify activities that must be regulated to protect ground water
quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge
Sub-Element.)
Objective Achievement Analysis:
This Objective remains relevant and should be retained. However, the Policy will be evaluated to
determine if it would be more appropriately located in the Natural Groundwater Aquifer Recharge
Sub-Element(NGARSE).
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting
that staff assess the wellfield in Immokalee that has a 10 year cone of depression extending under the
airport and adjoining industrial zoning.]
[Post EAC and CCPC Workshops and Adoption Hearings— Staff Comment —Implementation of the
EAC's recommendation will require the existing Model be adjusted to accommodate the 10 year Risk
Management Special Treatment Overlay zones, as the Model evaluates years 1, 2, 5 and 20 only.
(The cost to adjust the Model is unknown at this time.)]
[Board of County Commissioners (BCC) Comment from the January 31. 2011 Adoption Hearing — No
expenditures are authorized to adjust the Model, as recommended by the EAC.]
OBJECTIVE 3.4
Collect and evaluate data and information designed to monitor the quality of ground water in
order to identify the need for additional protection measures. (Refer to Objective 1.3 in the
Natural Ground Water Aquifer Recharge Sub-Element.)
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Objective Achievement Analysis:
As noted within Objective 3.1 (above), the County's Pollution Control Department established a
groundwater monitoring network that monitors seventy (70) ground water monitoring wells
semiannually. These data are assessed annually and submitted to the South Florida Water Management
District (SFWMD), where these data are maintained within their DBHYDRO database. The SFWMD
DBHYDRO database is located at:
http://www.sfwmd.gov/portal/page/portal/pg grp sfwmd era/pg sfwmd era dbhydrobrowser).
Objective 3.4 references Objective 1.3 in the Natural Groundwater Aquifer Recharge Sub Element
(NGARSE). This statement should reference Objective 3.
This Objective remains relevant and should be retained. However, the Objective should be revised to
reflect the correct reference in the NGARSE-Objective 3.
Policy Relevance:
Policy 3.4.1:
Continue the existing water quality monitoring program to provide base-line data, evaluate
long-term trends, identify water quality problems, and evaluate the effectiveness of the
County's ground water protection program.
Policy Achievement Analysis:
Policy 3.4.1 requires the County to continue the existing water quality-monitoring program to provide
base-line data, evaluate long-term trends, identify water quality problems, and evaluate the
effectiveness of the County's ground water protection program.
This Policy remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting
that staff add reference to salinity trending within the Policy.]
[Post EAC and CCPC Workshops and Adoption Hearings— Staff Comment —Staff concurs with the
EAC's recommendation.]
Policy 3.4.4:
Gather and use appropriate data to refine and improve the database used in the County's
3-dimensional ground water model.
Policy Achievement Analysis:
Policy 3.4.4 recommends that the County gather and use appropriate data to refine and improve the
database used in the County's 3-dimensional ground water model.
This Policy remains relevant and should be retained. However, the Policy will be evaluated to
determine if it should be deleted from the CCME, as it already appears in the Natural Groundwater
Aquifer Recharge Sub-Element(NGARSE).
[Environmental Advisory Council(EAC) Comment from the August 11, 2010 Workshop—Suggesting
that staff add a provision for coordination with the SFWMD and Big Cypress Basin within the Policy.]
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
[Post EAC and CCPC Workshops and Adoption Hearings— Staff Comment —Staff concurs with the
EAC's recommendation.]
OBJECTIVE 4.1:
Collect and evaluate data and information designed to more accurately determine water use in
Collier County such as the County's database tracking all permitted wells and wells having
consumptive use permits.
[This Objective is provided for contextual purposes only; no change is proposed]
Policy Relevance:
Policy 4.1.2:
Work with the agricultural community to devise a method for determining agricultural
pumpage.
Policy Achievement Analysis:
This Policy remains relevant and should be retained. However, the Policy should be revised to indicate
that the County, in coordination with the South Florida Water Management District, will devise a
method for determining agricultural pumpage.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting
that staff insert a date for Policy achievement, assign department and add a requirement to coordinate
with SFWMD.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment —Staff concurs with the
EAC's recommendation.]
OBJECTIVE 5.3:
The Collier County Engineering Services Department shall periodically assess the types,
quantities and location of minable mineral resources in Collier County.
Objective Achievement Analysis:
This Objective remains relevant and should be retained. However, the Objective should be revised to
reflect the current departmental reference.
Policy Relevance:
Policy 5.3.1:
The Collier County Engineering Services Department shall work with the Florida Department of
Environmental Protection, the Florida Geological Survey and local mining industry officials to
inventory and assess the existing mineral reserves in Collier County. The inventory and
assessment will incorporate use of a GIS-based database of all areas within the County that
are permitted, either by right, or through a conditional use permit, to conduct mineral
extraction operations as well as the volume of fill that is permitted to be removed for each
such active mineral extraction operation.
Policy Achievement Analysis:
Policy 5.3.1 recommends that the County work with the Florida Department of Environmental
Protection and the Florida Geological Survey and local mining industry officials to inventory and
evaluate the existing mineral reserves in Collier County.
21
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
This Policy remains relevant and should be retained. However, the Policy should be revised to reflect
the current departmental reference.
OBJECTIVE 6.1:
The County shall protect native vegetative communities through the application of minimum
preservation requirements. The following policies provide criteria to make this objective
measurable. These policies shall apply to all of Collier County except for that portion of the
County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands
Stewardship Area Overlay.
[This Objective is provided for contextual purposes only; no change is proposed]
Policy Relevance:
Policy 6.1.1:
For the County's Urban Designated Area, Estates Designated Area, Conservation Designated
Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement
Area District as designated on the FLUM, native vegetation shall be preserved through the
application of the following preservation and vegetation retention standards and criteria,
unless the development occurs within the Area of Critical State Concern (ACSC) where the
ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the
ACSC requirements, this policy shall apply to all non-agricultural development except for
single-family dwelling units situated on individual parcels that are not located within a
watershed management conservation area identified in a Watershed Management Plan
developed pursuant to policies supporting Objective 2.1 of this Element.
Coastal High Hazard Area Non-Coastal High Hazard Area
Less than 2.5 acres 10% Less than 5 acres. 10%
Residential and Mixed Equal to or greater Equal to or greater than 5
Use Development than 2.5 acres 25% acres
and less than 20 acres. 15%
Equal to or
greater than 20 ac. 25%
Golf Course 35% 35%
Commercial and Less than 5 acres. 10% Less than 5 acres. 10%
Industrial
Development Equal to or greater Equal to or
than 5 acres. 15% greater than 5 acres. 15%
Industrial
Development(Rural- 50%, not to exceed 25% of 50%, not to exceed 25% of the
Industrial District only) the project site. project site.
22 n
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
The following standards and criteria shall apply to the vegetation retention requirements
referenced above.
(1) For the purpose of this policy, "native vegetation" is defined as a vegetative community
having 25% or more canopy coverage or highest existing vegetative strata of native
plant species. The vegetation retention requirements specified in this policy are
calculated based on the amount of"native vegetation"that conforms to this definition.
(2) The preservation of native vegetation shall include canopy, under-story and ground
cover emphasizing the largest contiguous area possible, which may include connection
to offsite preserves. The purpose for identifying the largest contiguous area is to
provide for a core area that has the greatest potential for wildlife habitat by reducing the
interface between the preserve area and development which decreases the conflicts
from other land uses. Criteria for determining the dimensional standards of the
preserve are to be set out in the Land Development Code.
(3) Areas that fulfill the native vegetation retention standards and criteria of this policy
shall be set aside as preserve areas. On-site and off-site preserve areas shall be
protected by a permanent conservation mechanism to prohibit further development,
consistent with the requirements of this policy. The type of permanent conservation
mechanism, including conservation easements, required for a specific development
may vary based on preserve area size, type of development approval, and other factors,
as set forth in the County's land development regulations.
(4) Selection of native vegetation to be retained as preserve areas shall reflect the
following criteria in descending order of priority:
a. Wetland or upland areas known to be utilized by listed species or that serve as
corridors for the movement of wildlife shall be preserved and protected in order to
facilitate the continued use of the site by listed species or the movement through the
site, consistent with the requirements of Policy 7.1.1 and 7.1.2 of this element
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks.
c. Onsite wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM,
unless permitted for impact pursuant to Policy 6.2.4 of this Element WRAP means
South Florida Water Management District's Wetland Rapid Assessment Procedures
as described in Technical Publication Reg 001 (September 1997, as updated August
1999). UMAM means Uniform Wetland Mitigation Assessment Method as described
in Chapter 62-345, F.A.C.
d. Any upland habitat that serves as a buffer to a wetland area as identified in
Paragraph (4)c. above,
e. Dry Prairie, Pine Flatwoods, and
f. All other native habitats.
(5) The uses allowable within preserve areas are limited to:
a. Passive recreational uses that do not impact the minimum required vegetation or
cause a loss of function to the preserve area. Loss of function to the preserve area
includes a reduction or a change in vegetation within the preserve and harming any
listed species present in the preserve. More specific standards that implement this
policy shall be set forth in the land development regulations and will address
various types of construction that are compatible with the function of the preserve.
The land development regulations will also provide criteria to define appropriate
passive recreational uses. The criteria will be established to allow for passive
recreational uses such as trails or boardwalks that provide for access within the
preserves, providing the uses do not reduce the minimum required vegetation or
cause harm to listed species.
b. Receipt of treated stormwater discharge where such use, including conveyance,
treatment and discharge structures, does not result in adverse impacts the naturally
occurring, native vegetation, to include the loss of the minimum required vegetation
23
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
and the harm to any listed species according to the policies associated with
Objective 7.1, as determined by criteria set forth in land development regulations.
Discharge to preserves having wetlands requires treatment that will meet water
quality standards as set forth in Chapter 62-302. F.A.C. and will conform to the water
quality criteria requirements set forth by the South Florida Water Management
District.
(6) A management plan shall be submitted for preserve areas identified by specific criteria
in the land development regulations to identify actions that must be taken to ensure
that the preserved areas will maintain natural diversity and will function as proposed.
The plan shall include methods to address control and treatment of invasive exotic
species, fire management, stormwater management (if applicable), and maintenance
of permitted facilities. If applicable, a listed species monitoring program shall be
submitted pursuant to Policy 7.1.2 (2) (i). State and federal management plans
consistent with the requirements of the LDC will be accepted.
(7) Until the land development regulations addressed in Policy 6.1.1(11) are developed,
exceptions, by means of mitigation in the form of increased landscape requirements
shall be granted for parcels that cannot reasonably accommodate both the
preservation area and the proposed activity. Criteria for allowing these exceptions
include:
(a) Where site elevations or conditions requires placement of fill thereby harming or
reducing the survivability of the native vegetation in its existing locations;
(b) Where the existing vegetation required by this policy is located where proposed
site improvements are to be located and such improvements cannot be relocated as to
protect the existing native vegetation;
(c) Where native preservation requirements are not accommodated, the landscape
plan shall re-create a native plant community in all three strata (ground covers, shrubs
and trees), utilizing larger plant materials so as to more quickly re-create the lost
nature vegetation.
(8) Parcels that were legally cleared of native vegetation prior to January 1989 shall be
exempt from this requirement.
(9) Should the amount of wetland vegetation exceed the minimum vegetation requirements
as specified herein, retention of wetland vegetation having significant habitat or
hydrologic value is encouraged. Increased preservation shall be fostered thro
incentives including, but not limited to: clustered development, reduced developn
standards such as open space, setbacks, and landscape buffers, to allow for increased
areas of preserved wetland vegetation. Significant habitat or hydrologic value is
determined by wetland function, not the size of the wetland.
(10)Within one year of the effective date of these amendments, the County shall adopt land
development regulations that allow for a process whereby a property owner may submit
a petition requesting that all or a portion of the native vegetation preservation retention
requirement to be satisfied by a monetary payment, land donation that contains native
vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4)
than the land being impacted, or other appropriate method of compensation to an
acceptable land acquisition program, as required by the land development regulations.
The monetary payment shall be used to purchase and manage native vegetative
communities off-site. The land development regulations shall provide criteria to
determine when this alternative will be considered. The criteria will be based upon the
following provisions:
a. The amount,type, rarity and quality of the native vegetation on site;
b. The presence of conservation lands adjoining the site;
c. The presence of listed species and consideration of Federal and State agency
technical assistance;
d. The type of land use proposed, such as, but not limited to, affordable housing;
24 n
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
e. The size of the preserve required to remain on site is too small to ensure that the
preserve can remain functional; and
f. Right of Way acquisitions for all purposes necessary for roadway construction,
including ancillary drainage facilities, and including utilities within the right of way
acquisition area.
The land development regulations shall include a methodology to establish the
monetary value, land donation, or other appropriate method of compensation to ensure
that native vegetative communities not preserved on-site will be preserved and
appropriately managed off-site.
(11) Right of Way acquisitions by any governmental entity for all purposes necessary for
roadway construction, including ancillary drainage facilities, and including utilities
within the right of way acquisition area, shall be exempt from mitigation requirements.
(12)Although the primary intent of this Policy is to retain and protect existing native
vegetation, there are situations where the application of the retention requirements of
this Policy is not possible. In these cases, creation or restoration of vegetation to
satisfy all or a portion of the native vegetation retention requirements may be allowed.
Within one year of the effective date of these amendments, the County shall adopt land
development regulations to determine the circumstances for when creation or
restoration is allowed and to specify criteria for creation and restoration.
(13)The County may grant a deviation to the native vegetation retention requirements of
this Policy, except for the Native Vegetation Retention Requirements Table, and
provisions in Paragraphs 1, 2, 3, 6, and 7. Within one year of the effective date of these
amendments, the County shall adopt land development regulations to set forth the
process for obtaining a deviation. The regulations shall allow for the granting of a
deviation by the appropriate review board after a public hearing, and for the granting of
a deviation administratively. The County shall consider the amount and type of native
vegetation and the presence of listed species in determining whether the granting of a
deviation requires a public hearing, or may be granted administratively.
The County may grant a deviation if:
a. County, Federal or State agencies require that site improvements be located in areas
which result in an inability to meet the provisions of this Policy, or
b. On or off-site environmental conditions are such that the application of one or more
provisions of this Policy is not possible or will result in a preserve area of lesser
quality, or
c. The strict adherence to these provisions will not allow for the implementation of
other Plan policies that encourage beneficial land uses.
Policy Achievement Analysis:
Policy 6.1.1 specifies that it is applicable to the County's Urban Designated Area, Estates Designated
Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial
District and Rural-Settlement Area District as designated on the FLUM, and that native vegetation
shall be preserved through the application of a series of preservation and vegetation retention standards
and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where
the ACSC standards referenced in the Future Land Use Element shall apply.
This Policy remains relevant and should be retained. However, the Policy should be modified to:
reevaluate the scrivener's errors in subsections 6.1.1 (7 & 13); delete subsection 6.1.1 (7), since it is
already addressed by Policy 6.1.1 (12); and add an exemption from the native vegetation retention
requirements for Federal and State parks, preserves and forests whose purpose is to manage land for
conservation.
25
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting
that staff insert within (5) b. the word, "acreage" after the phrase "...loss of the minimum required
vegetation ... "]
[Plannin,Commission (CCPC) Comment from the August 27. 2010 EAR Workshop—Suggesting that
the Policy be revised to clearly express the intent that Federal and State parks,preserves and forests
shall comply with native vegetative retention requirements, but are not required to have a separate
preserve onsite and a preserve management plan.]
[Environmental Advisory Council (EAC) Comment from the November 3, 2010 Adoption Hearing —
The EAC is in agreement with the CCPC comment from the August 27, 2010 EAR Workshop.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment —Staff concurs with the
EAC and CCPC recommendations.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing-Staff shall
evaluate for possible elimination of native vegetation retention requirements for Industrial designated
properties under a certain acreage threshold.]
Policy 6.1.2:
For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native
vegetation shall be preserved on site through the application of the following preservation and
vegetation retention standards and criteria:
Preservation and Native Vegetation Retention Standards:
a. Receiving Lands:
A minimum of 40% of the native vegetation present, not to exceed 25% of the total site
area shall be preserved.
b. Neutral Lands:
A minimum of 60% of the native vegetation present, not to exceed 45% of the total site
area shall be preserved, except that, for Section 24, Township 49 South, Range 26 East,
located in the North Belle Meade Overlay, a minimum of 70% of the native vegetation
present, not to exceed 70% of the total site area, shall be preserved. Additionally, for
residential development in Section 24, if the dwelling units are not clustered, a
minimum of 90% of the slash pine trees present shall be retained. Further restrictions
are identified in the North Belle Meade Overlay in the FLUE. [The preceding 2
sentences in italics were adopted 1/25/07 but will NOT be applied or implemented by
Collier County. They relate to text in the Future Land Use Element's North Belle Meade
Overlay that was found to be "not in compliance" by the Florida Department of
Community Affairs in letter dated 5/1/07.]
c. Non-NRPA Sending Lands:
Calculated at the higher value of 80% of the native vegetation present, or as may
otherwise be permitted under the Density Rating provisions of the FLUE;
d. NRPA Sending Lands:
Calculated at the higher value of 90% of the native vegetation present, or as may
otherwise be permitted under the Density Blending provisions of the FLUE.
e. Provisions a. through d. above shall also be consistent with the wetland protection
policies set forth under CCME Objective 6.2.
f. In order to ensure reasonable use and to protect the private property rights of owners
of smaller parcels of land within lands designated Rural Fringe Mixed Use District on
the Future Land Use Map, including nonconforming lots of record which existed on or
before June 22, 1999, for lots, parcels or fractional units of land or water equal to or
26
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or
25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive
of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in
length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of
the parcel may be cleared. This allowance shall not be considered a maximum clearing
allowance where other provisions of this Plan allow for greater clearing amounts. These
clearing limitations shall not prohibit the clearing of brush or under-story vegetation
within 200 feet of structures in order to minimize wildfire fuel sources.
g. Within Receiving and Neutral lands where schools and other public facilities are co-
located on a site, the native vegetation retention requirement shall be 30% of the native
vegetation present, not to exceed 25% of the site.
(1) For the purpose of this policy, "native vegetation" is defined as a vegetative community
having 25% or more canopy coverage or highest existing vegetative strata of native plant
species. The vegetation retention requirements specified in this policy are calculated on
the amount of"native vegetation" that conforms to this definition.
(2) The preservation of native vegetation shall include canopy, under-story and ground cover,
emphasizing the largest contiguous area possible, which may include connection to offsite
preserves. The purpose for identifying the largest contiguous area is to provide for a core
area that has the greatest potential for wildlife habitat by reducing the interface between
the preserve area and development which decreases the conflicts from other land uses.
Criteria for determining the dimensional standards of the preserve are to be set out in the
Land Development Code.
(3)Areas that fulfill the native vegetation retention standards and criteria of this policy shall be
set aside as preserve areas. On-site and off-site preserve areas shall be protected by a
permanent conservation mechanism to prohibit further development, consistent with the
requirements of this policy. The type of conservation mechanism, including conservation
easements, required for a specific development may vary based on preserve area size, type
of development approval, and other factors, as set forth in the County's land development
regulations.
(4) Selection of native vegetation to be retained as preserve areas shall reflect the following
criteria in descending order of priority:
a. Wetland or upland areas known to be utilized by listed species or that serve as corridors
for the movement of wildlife shall be preserved and protected in order to facilitate the
continued use of the site by listed species or the movement of wildlife through the site.
This criterion shall be consistent with the requirements of Policy 7.1.1 and 7.1.2 of this
element.
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks.
c. Onsite wetlands preserved pursuant to Policy 6.2.5 of this Element;
d. Any upland habitat that serves as a buffer to a wetland area, as identified in (4)c. above.
e. Dry Prairie, Pine Flatwoods, and
f. All other native habitats.
(5) The uses allowable within preserve areas are limited to:
a. Passive recreational uses that do not impact the minimum required vegetation or cause
a loss of function to the preserve area. Criteria identifying what constitutes a loss of
function shall be set forth in the land development regulations and will address various
types of construction that are compatible with the function of the preserve. The land
development regulations will also provide criteria to define appropriate passive
recreational uses. The criteria will be established to allow for passive recreational uses
such as trails or boardwalks that provide for access within the preserves, providing the
uses do not reduce the minimum required vegetation or cause harm to listed species.
b. Receipt of treated stormwater discharge where such use, including conveyance,
treatment and discharge structures, does not result in adverse impacts on the naturally
occurring, native vegetation,to include the loss of the minimum required vegetation and
the harm to any listed species according to the policies associated with Objective 7.1, as
27
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
determined by criteria set forth in the land development regulations. Discharge to
preserves having wetlands requires treatment that will meet water quality standards as
set forth in Chapter, 62-302 F.A.C. and will conform to the water quality criteria
requirements set forth by the South Florida Water Management District
(6) A management plan shall be submitted for all preserve areas identified by specific criteria
in the land development regulations to identify actions that must be taken to ensure that
the preserved areas will function as proposed. The plan shall include methods to address
control and treatment of invasive exotic species, fire management, stormwater
management(if applicable), and maintenance of permitted facilities. If applicable, a listed
species monitoring program shall be submitted pursuant to Policy 7.1.2 (2)(i).
(7) Off-site preservation shall be allowed to provide flexibility in the project design.
a. Within Receiving and Neutral Lands, off-site preservation shall be allowed for up to 50%
of the vegetation retention requirement.
1. Off-site preservation areas shall be allowed at a ratio of 1:1 if such off-site
preservation is located within designated Sending Lands or at a ratio of 1.5:1
anywhere else.
2. Like for like preservation shall be required for Tropical Hardwood and Oak
Hammock vegetative communities.
b. Within non-NRPA Sending Lands, off-site preservation shall be allowed for up to 25% of
the site preservation or vegetative retention requirement,whichever is controlling.
1. Off-site preservation areas shall be contiguous to designated Sending Lands and
shall be allowed at a ratio of 3:1.
c. Off-site preservation shall not be allowed in NRPA Sending Lands.
(8) Density Bonus Incentives shall be granted to encourage preservation amounts greater
than that required in this policy, as provided for in the FLUE for Receiving Lands and
Rural Villages. Within one (1) year of the effective date of these amendments, Collier
County shall adopt specific land development regulations to implement this incentive
program.
(9) On-site preservation areas shall also conform to the Open Space requirements as
specified in the Future Land Use Element. These preservations shall be part of and
counted towards the Open Space requirements.
(10) Existing native vegetation that is located contiguous to the natural reservation shall be
preserved pursuant to Policy 6.5.2 of this element. Natural reservation is defined as that
specified in CCME Objective 6.5 of this element;
(11)Should the amount of wetland vegetation exceed the minimum vegetation requirements as
specified herein, retention of wetland vegetation having significant habitat or hydrologic
value is encouraged. Increased preservation shall be fostered through incentives
including, but not limited to: clustered development, reduced development standards
such as open space, setbacks, and landscape buffers, to allow for increased areas of
preserved wetland vegetation. Significant habitat or hydrologic value is determined by
wetland function, not the size of the wetland.
Policy Achievement Analysis:
Policy 6.1.2 specifies that within the County's Rural Fringe Mixed Use District, as designated on the
FLUM, native vegetation shall be preserved on site through the application of various vegetation
retention standards and criteria.
This Policy remains relevant and should be retained. However,the Policy should be modified to reflect
the June 2010 Land Development Code amendments that implement specific subsections of the Policy;
and, add an exemption from the native vegetation retention requirements for Federal and State parks,
preserves and forests whose purpose is to manage land for conservation purposes.
28
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
[Planning Commission (CCPC) Comment from the August 27, 2010 EAR Workshop-Suggesting that
the Policy be revised to clearly express the intent that Federal and State parks,preserves and forests
shall comply with native vegetative retention requirements, but are not required to have a separate
preserve onsite and a preserve management plan.]
[Environmental Advisory Council (EAC) Comment from the November 3, 2010 Adoption Hearing -
The EAC is in agreement with the CCPC comment from the August 27, 2010 EAR Workshop.]
[Post EAC and CCPC Workshops and Adoption Hearings- Staff Comment -Staff concurs with the
EAC and CCPC recommendations.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing-Staff shall
evaluate for possible elimination of native vegetation retention requirements for Industrial designated
properties under a certain acreage threshold]
Policy 6.1.6:
Exemptions from the native vegetation retention requirements of CCME Policy 6.1.2 - The
requirements of Policy 6.1.2 shall not apply to, affect or limit the continuation of existing uses.
Existing use shall be defined as: those uses for which all required permits were issued prior to
June 19, 2002; or, projects for which a Conditional Use or Rezone petition was approved by
the County prior to June 19, 2002; or, land use petitions for which a completed application was
submitted prior to June 19, 2002. The continuation of existing uses shall include expansions
of those uses if such expansions are consistent with, or clearly ancillary to, the existing uses.
Hereafter, such previously approved developments shall be deemed to be consistent with the
Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in
accordance with their previously approved plans. Changes to these previous approvals shall
�-. also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural
Fringe Area as long as they do not result in an increase in development density or intensity.
On the County owned land located in Section 25, Township 26 E, Range 49 S (+/-360 acres), the
native vegetation retention and site preservation requirements may be reduced to 50% if the
permitted uses are restricted to the portions of the property that are contiguous to the existing
land fill operations; exotic removal will be required on the entire+/-360 acres.
Policy Achievement Analysis:
Policy 6.1.6 makes all existing land uses exempt from the native vegetation retention requirements of
CCME Policy 6.1.2 if the effected land uses were issued prior to June 19,2002; or projects for which a
Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land
use petitions for which a completed application has been submitted prior to June 19,2002.
This Policy remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop -Suggesting
that the last sentence in the Policy be revised to read, "... exotic removal and preserve management
will be... "]
[Post EAC and CCPC Workshops and Adoption Hearings - Staff Comment - No change is
recommended, as the Policy was adopted as part of the Final Order amendments in 2002 to
accommodate the expansion of the landfill. Preserve management is already required pursuant to
Policy 6.1.2 (6)of this Element.]
.-� 29
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing — Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
OBJECTIVE 6.2:
The County shall protect and conserve wetlands and the natural functions of wetlands
pursuant to the appropriate policies under Goal 6. The following policies provide criteria to
make this objective measurable. The County's wetland protection policies and strategies shall
be coordinated with the Watershed Management Plans as required by Objective 2.1 of this
Element
Objective Achievement Analysis:
This Objective remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting
staff include within the Objective the requirement for mitigation within the same drainage area as the
initial wetland impact.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change is
recommended to this Objective as part of the EAR-based amendments, as wetland impacts will be
addressed as part of the Watershed Management Plans. Further, mitigation requirements for wetland
impacts will be determined by the BCC with the adoption of the Watershed Management Plans.]
[Board of County Commissioners (BCC)Comment from the January 31, 2011 Adoption Hearing-Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
Policy Relevance:
Policy 6.2.1 r�
As required by Florida Administrative Code 9J5-5.006(1)(b), wetlands identified by the 1994-95
SFWMD land use and land cover inventory are mapped on the Future Land Use Map series.
These areas shall be verified by a jurisdictional field delineation, subject to Policy 6.2.2 of this
element, at the time of project permitting to determine the exact location of jurisdictional
wetland boundaries.
Policy Achievement Analysis:
Policy 6.2.1 requires that wetlands as identified by the 1994-95 SFWMD land use and land cover
inventory are mapped on the Future Land Use Map series. These areas are to be verified by
jurisdictional field delineation, subject to Policy 6.2.2 of this element, at the time of project permitting
to determine the exact location of jurisdictional wetland boundaries.
This Policy remains relevant and should be retained. However, the Policy should be revised to include
the correct Florida Administrative Code reference-"9J-5.006(1)(b)"; and, include the current SFWMD
land use and land cover inventory reference.
Policy 6.2.3:
Collier County shall implement a comprehensive process to ensure wetlands and the natural
functions of wetlands are protected and conserved. This wetland preservation and
conservation process shall be coordinated with the Watershed Management Plan process, as
referenced in Objective 2.1 of this Element. However, the process outlined within this policy is
primarily based on directing concentrated population growth and intensive development away
from large interconnected wetland systems. These wetland systems have been identified
based on their type, values, functions, sizes, conditions and locations within Collier County.
30
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
These systems predominantly occur east of the County's Urban boundary, as delineated on
the Countywide Future Land Use Map (FLUM), within the Future Land Use Element (FLUE).
Many of these wetlands fall within public lands or land targeted for acquisition. High quality
wetlands systems located on private property are primarily protected through native
vegetation preservation requirements, or through existing PUD commitments, conservation
easements, or Stewardship Sending Area Designations, or via the NRPA or Sending
designations within the Rural Fringe Mixed Use District or land/easement acquisition, or
innovative landowner incentives. Protection measures for wetlands and wetland systems
located within the northeastern portion of Collier County, excluding the community of
Immokalee, are contained in the Rural Lands Stewardship Area Overlay (RLSA Overlay) of the
FLUE (and as depicted on the FLUM). Protection measures for wetlands and wetland systems
located within the Urban and Estates designated areas of the County shall be based upon the
jurisdictional determinations made by the applicable state or federal agency. Where permits
issued by such state or federal agencies allow for impacts to wetlands within Urban and
Estates designated areas and require mitigation for such impacts, the permitting agency's
mitigation requirements shall be deemed to preserve and protect wetlands and their functions,
except for wetlands that are part of a Watershed Management Plan preserve area. The County
shall direct impacts away from such wetlands.
The large connected wetland systems that exist at the landscape scale in Collier County shall
be protected through various Land Use Designations and Overlays that restrict higher
intensity land uses and require specific land development standards for the remaining
allowable land uses. Collier County shall direct incompatible land uses away from these large
landscape scale wetland systems through implementation of the following protection and
conservation mechanisms:
(1) Conservation Designation
Best available data indicates that 76% of all wetlands found in Collier County are
contained within the boundaries of the Conservation Designation as depicted on the
Countywide Future Land Use Map. The overall purpose of the Conservation
Designation is to conserve and maintain the natural resources of Collier County and
their associated environmental, recreational, and economic benefits. The allowed
land uses specified in the FLUE's Conservation Designation (Reference FLUE Land
Use Designation Section IV.) will accommodate limited residential development and
future non-residential development. These limitations support Collier County's
comprehensive process to direct concentrated population growth and intensive land
development away from large connected wetland systems.
(2) Big Cypress Area of Critical State Concern Overlay(ACSC)
Best available data indicates that 74% of the County's wetlands are within the Big
Cypress Area of Critical State Concern Overlay. The land development regulations
contained in the ACSC Overlay District, as depicted on the Countywide Future Land
Use Map, provide standards that facilitate the goal of directing higher intensity land
uses away from wetland systems. The development standards for the ACSC
Overlay (Reference FLUE Land Use Designation Section V.) specify that site
alterations shall be limited to 10% of the total site. The majority of the land
contained within the ACSC is also within the Conservation Designation and thus is
subject to the land use limitations of that Land Use Designation.
(3) Natural Resource Protection Areas (NRPAs)
Major wetland systems and regional flow ways were used as criteria to establish the
NRPA Overlay District as shown on the Future Land Use Map, and as discussed in
FLUE Land Use Designation, Section V.C. These areas include high functioning
wetland systems and, although portions of the NRPA Overlay include lands within
the Conservation Designation, represent approximately 12% of the County's
wetlands,which are not located in Conservation Lands. Based on the relatively high
concentration of wetlands within NRPA designated lands, incompatible land uses
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
shall be directed away from these areas. Allowable land uses within NRPAs are also
subject to native vegetation retention and preservation standards of 90%.
(4) Rural Fringe Mixed Use District Sending Lands
Best available data indicates that 16,000+ acres of wetlands are contained within
designated Sending Lands and that such wetlands constitute approximately 70% of
land cover in these areas. Incompatible land uses are directed away from the Rural
Fringe Mixed Use District Sending Lands through an incentive-based Transfer of
Development Rights (TDR) Program that allows land owners within these Sending
Lands to transfer their residential density out of the Sending Lands to Rural Fringe
Mixed Use District (and limited Urban) Receiving Lands. A complete description of
the TDR Program is contained in the FLUE, Future Land Use Designation
Description Section, Agricultural/Rural Designation, Rural Fringe Mixed Use District.
Incompatible land uses are also directed away from Sending Lands through
restrictions on allowable uses. Finally, allowable uses within these lands are also
subject to native vegetation retention and preservation standards of 80%to 90%, as
required by Policy 6.7.1 of this Element
(5) Flowway Stewardship Areas [re-numbered to reflect merger of Ordinance No. 2002-32 and
2002-54]
Flowway Stewardship Areas have been designated within the Rural Lands
Stewardship Area Overlay (RLSA), as depicted on the Future Land Use Map, and are
shown on the Rural Lands Study Area Natural Resource Index Map Series. Flowway
Stewardship Areas (FSAs) are for the most part privately owned wetlands that are
located within the Camp Keais Strand and Okaloacoochee Slough. These lands
form the principal wetland flowway systems in the RLSA. The Overlay provides an
incentive to permanently protect FSAs through the creation and transfer of
Stewardship Credits. It also contains provisions that eliminate incompatible uses
from the FSAs and,which establish protection measures.
(6)Watershed Management Plans
Collier County will establish watershed management plans throughout the County, but
with particular emphasis on the Urban and Estates designated areas. These watershed n
management plans shall be established in accordance with Objective 2.1 of this
Element and will include the preservation or, where feasible, creation of landscape-
scale wetland conservation areas to act as habitat, natural water quality treatment and
water quantity retention/detention areas. The County shall direct incompatible land
uses away from such large-scale wetlands.
Collier County shall allow for more intensive development to occur in Rural Fringe
Receiving Lands, North Golden Gate Estates, the Rural-Settlement Area District, and
the Urban Designated Areas subject to the land uses identified in the Future Land Use
Element, the Immokalee Area Master Plan, and the Golden Gate Area Master Plan.
These areas account for only 6% of Collier County's wetlands. Except for tidal
wetlands within the coastal portion of the Urban Designated Area and wetlands that are
part of an established watershed management plan, the County finds that the wetland
systems in these areas are more fragmented and altered than those systems located
within the Conservation Lands, ACSC and NRPA Overlays, and Rural Fringe Sending
Lands.
On a project-specific basis, wetlands and wetland functions shall be protected through
the following mechanisms:
(1) Federal and State jurisdictional agency review and wetland permitting;
(2) Vegetation preservation policies supporting CCME Objective 6.1;
(3) Wetland protection policies supporting CCME Objective 6.2;
(4) Clustering provisions specified in the Rural Fringe Mixed Use District of the FLUE
(5) The protection of wetlands that are part of an established watershed management
plan, as per Objective 2.1 of this Element.
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
(6) Land or easement acquisition.
(7) Land owner incentives, such as transferable development rights, tax relief, or USDA
grants for restoration.
Policy Achievement Analysis:
Policy 6.2.3 requires Collier County to implement a comprehensive process to ensure that wetlands
and the natural functions of wetlands are protected and conserved. The process outlined within this
policy is primarily based on directing concentrated population growth and intensive development away
from large connected wetland systems. High quality wetlands systems located on private property are
primarily protected through native vegetation preservation requirements, or through existing PUD
commitments, conservation easements, or Stewardship Sending Area Designations, or through the
Natural Resource Protection Areas or Sending designations in the Rural Fringe Mixed Use District.
The large connected wetland systems that exist at the landscape scale in Collier County are protected
through various Land Use Designations and Overlays that restrict higher intensity land uses and
require specific land development standards for the remaining allowable land uses.
This Policy remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting
that provision (6) of the Policy be revised to include that the watershed management plans contain
designated areas to be protected from development so as to preserve habitat, water flows, recharge
areas and to prevent future flooding.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change is
recommended, as wetlands will be addressed as part of the Watershed Management Plans.]
n [Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing - Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
Policy 6.2.5:
Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford/Camp Keais
Strand System which is contained within the lmmokalee Urban Designated Area, Collier
County shall direct land uses away from higher functioning wetlands by limiting direct impacts
within wetlands based upon the vegetation requirements of Policy 6.1.2 of this element, the
wetland functionality assessment described in paragraph (2) below, and the final permitting
requirements of the South Florida Water Management District. A direct impact is hereby
defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a
wetland. This policy shall be implemented as follows:
(1) The County shall apply the vegetation retention requirements of Policy 6.1.2 of this
element to preserve an appropriate amount of native vegetation on site. Wetlands shall
be preserved as part of this vegetation requirement according to the following criteria:
a. The acreage requirements of Policy 6.1.2 of this element shall be met by preserving
wetlands with the highest wetland functionality scores. Wetland functionality
assessment scores shall be those described in paragraph (2) of this policy.
Wetlands having a WRAP score of at least 0.65 or a Uniform Wetland Mitigation
Assessment Method score of 0.7 shall be preserved on site. This policy is not
intended in all cases to require preservation of wetlands exceeding the acreage
required by Policy 6.1.2 of this element. Within one year, the County shall develop
specific criteria to be used to determine when wetlands having a WRAP score
greater than 0.65 or a Uniform Wetland Mitigation Assessment Method score of
greater than 0.7 shall be required to be retained exceeding the acreage required by
Policy 6.1.2 of this element.
.-� 33
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
(2) In order to assess the values and functions of wetlands at the time of project review,
applicants shall rate functionality of wetlands using the South Florida Water
Management District's Wetland Rapid Assessment Procedure (WRAP), as described in
Technical Publication Reg-001, dated September 1997, and updated August 1999, or the
Uniform Wetland Mitigation Assessment Method, F.A.C. Chapter 62-345. The applicant
shall submit to County staff, agency accepted WRAP scores or Uniform Wetland
Mitigation Assessment Method scores. County staff shall review this functionality
assessment as part of the County's EIS provisions and shall use the results to direct
incompatible land uses away from the highest functioning wetlands according to the
requirements found in paragraph (1)above.
(3) All direct impacts shall be mitigated for pursuant to the requirements of paragraph (6) of
this policy.
(4) Single family residences shall follow the requirements contained within Policy 6.2.7 of
this element.
(5) The County shall separate preserved wetlands from other land uses with appropriate
buffering requirements. The County shall require a minimum 50-foot vegetated upland
buffer adjacent to a natural water body, and for other wetlands a minimum 25-foot
vegetated upland buffer adjacent to the wetland. A structural buffer may be used in
conjunction with a vegetative buffer that would reduce the vegetative buffer width by
50%. A structural buffer shall be required adjacent to wetlands where direct impacts are
allowed. Wetland buffers shall conform to the following standards:
a. The buffer shall be measured landward from the approved jurisdictional line.
b. The buffer zone shall consist of preserved native vegetation. Where native
vegetation does not exist, native vegetation compatible with the existing soils and
expected hydrologic conditions shall be planted.
c. The buffer shall be maintained free of Category I invasive exotic plants, as defined
by the Florida Exotic Pest Plant Council.
d. The following land uses are considered to be compatible with wetland functions and
are allowed within the buffer:
1. Passive recreational areas, boardwalks and recreational shelters;
2. Pervious nature trails;
3. Water management structures;
4. Mitigation areas;
5. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses.
e. A structural buffer may consist of a stem wall, berm, or vegetative hedge with
suitable fencing.
(6) Mitigation shall be required for direct impacts to wetlands in order to result in no net
loss of wetland functions.
a. Mitigation Requirements:
1. "No net loss of wetland functions" shall mean that the wetland functional score
of the proposed mitigation equals or exceeds the wetland functional score of the
impacted wetlands. However, in no case shall the acreage proposed for
mitigation be less than the acreage being impacted.
2. Loss of storage or conveyance volume resulting from direct impacts to wetlands
shall be compensated for by providing an equal amount of storage or
conveyance capacity on site and within or adjacent to the impacted wetland.
3. Protection shall be provided for preserved or created wetland or upland
vegetative communities offered as mitigation by placing a conservation
easement over the land in perpetuity, providing for initial exotic plant removal
(Class I invasive exotic plants defined by the Florida Exotic Pest Plant Council)
and continuing exotic plant maintenance.
4. Prior to issuance of any final development order that authorizes site alteration,
the applicant shall demonstrate compliance with paragraphs (6)a.1, (6)a.2, and
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
(6)a.3 of this policy. If agency permits have not provided mitigation consistent
with this policy, Collier County will require mitigation exceeding that of the
jurisdictional agencies.
5. Mitigation requirements for single-family lots shall be determined by the State
and Federal agencies during their permitting process, pursuant to the
requirements of Policy 6.2.7 of this element.
b. Mitigation Incentives:
1. Collier County shall encourage certain types of mitigation by providing a variety
of incentives in the form of density bonuses and credits to open space and
vegetation retention requirements. Density bonuses shall be limited to no more
than 10% of the allowed density.
2. Preferred mitigation activities that would qualify for these incentives include, but
are not limited, to the following:
(a) Adding wetland habitat to or restoring wetland functions within Rural Fringe
Mixed Use District Sending Lands,
(b) Creating, enhancing or restoring wading bird habitat to be located near
wood stork, and/or other wading bird colonies.
3. Within one (1) year of the effective date of these amendments, Collier County
shall adopt specific criteria in the LDC to implement this incentive program, and
to identify other mitigation priorities.
Policy Achievement Analysis:
Policy 6.2.5 requires that within the Rural Fringe Mixed Use District, Collier County is to direct land
uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the
vegetation requirements of Policy 6.1.2. This policy was adopted as part of the County's Rural Fringe
Amendments. Although Policy 6.2.5 states the vegetation requirements for the Rural Fringe Mixed Use
District and that portion of the Lake Trafford/Camp Keais Strand System which is contained within the
Immokalee Urban Designated Area, shall be based upon the native vegetation retention requirements
of Policy 6.1.2 of this Element, the Policy does not specify the percent requirement of retained native
vegetation which applies to that portion of the Lake Trafford/Camp Keais Strand System which is
contained within the Immokalee Urban Designated Area. This should be clarified in Policy 6.2.5
and/or in Policy 6.1.2. Section 6.2.5 (6)(5)(b)(3) should be removed as the specific criteria to
implement the incentive program and to identify other mitigation priorities have previously been
adopted in the Land development Code.
[Environmental Advisory Council(EAC) Comment from the August 11, 2010 Workshop—Suggesting
that specific native vegetation requirements for Lake Trafford/Camp Keais Strand System be clarified.]
[Collier County Planning Commission (CCPC) Comment from the August 27, 2010 Workshop—
Suggesting that specific native vegetation requirements for Lake Trafford/Camp Keais Strand System
be clarified.]
[Post Collier County Planning Commission (CCPC) Staff Comment—Native vegetation retention
standards for the Lake Trafford/Camp Keais Strand System will be addressed as part of the Immokalee
Area Master Plan amendments.]
[Environmental Advisory Council (EAC) Comment from the November 3, 2010 Adoption Hearing —
Suggesting that any necessary cross reference(s) to another Element be provided.]
[Post EAC and CCPC Workshops and Adoption Hearings— Staff Comment —Staff concurs with the
EAC and CCPC recommendations.]
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy 6.2.7:
Within the Estates Designated Area and the Rural Settlement Area, the County shall rely on the
wetland jurisdictional determinations and permit requirements issued by the applicable
jurisdictional agency, except for wetlands that are part of a Watershed Management Plan
preserve area. The County shall direct impacts away from such wetlands. This policy shall be
implemented as follows:
(1) For single-family residences within Southern Golden Gate Estates or within the Big Cypress
Area of Critical State Concern, the County shall require the appropriate federal and state
wetland-related permits before Collier County issues a building permit.
(2) Outside of Southern Golden Gate Estates and the Big Cypress Area of Critical State Concern,
Collier County shall inform applicants for individual single-family building permits that federal
and state wetland permits may be required prior to construction unless the proposed residence
is within a watershed management conservation area
identified in a Watershed Management Plan developed pursuant to policies supporting Objective
2.1 of this Element, in which case the appropriate jurisdictional permit is required prior to the
issuance of a building permit. The County shall also notify the applicable federal and state
agencies of single-family building permits applications in these areas.
(3) Within North Golden Gate Estates and the Rural Settlement Area, Collier County shall
incorporate certain preserved and/or created wetlands and associated uplands into the
County's approved watershed management plans,as per Objective 2.1 of this Element. The size
and location of wetlands incorporated into the watershed management plans will be based upon
the approved requirements for such plans. The County may issue single-family building permits
within or adjacent to such wetlands, subject to appropriate mitigation requirements, which
preserve the functionality of the wetland within the applicable watershed management plan. For
a proposed residence which is to be located within a watershed management conservation area
identified in a Watershed Management Plan developed pursuant to policies supporting Objective
2.1 of this Element, the appropriate jurisdictional permit is required prior to the issuance of a
building permit.
(4) Collier County shall continue to work with federal and state agencies to identify properties that
have a high probability of wetlands and animal listed species occurrence. The identification
process will be based on hydric soils data and other applicable criteria. Once this identification
process is complete, the County will determine if the process is sufficiently accurate to require
federal and state wetland approvals prior to the issuance of a building permit within these areas.
The County shall use information on wetland and/or listed species occurrence to inform
property owners of the potential existence of wetlands and/or listed species on their property.
(5) Within one year after Watershed Management Plans are accepted by the Board of County
Commissioners, Collier County shall develop and implement additional means to protect
wetland systems identified in each Plan for preservation or restoration. Means to consider
include innovative landowner incentives, transferable development rights, tax relief, land or
easement acquisition,state and federal grants,and enhanced regulations.
Policy Achievement Analysis:
Policy 6.2.7 stipulates that within the Estates Designated Area and the Rural Settlement Area, the
County is to rely on the wetland jurisdictional determinations and permit requirements issued by the
applicable Jurisdictional agency, except for wetlands that are part of a Watershed Management Plan
preserve area.
This Policy remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop—Suggesting
that wetland mitigation occur within the same watershed]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change is
recommended as wetlands will be addressed as part of the Watershed Management Plans. Further,
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
mitigation requirements for wetland impacts will be determine by the BCC with the adoption of the
Watershed Management Plans.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing- Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
OBJECTIVE 6.3
The County shall protect and conserve submerged marine habitats.
[This Objective is provided for contextual purposes only; no change is proposed]
Policy Relevance:
Policy 6.3.2
Impacts to sea-grass beds shall be minimized by locating boat docks more than 10 feet from
existing sea-grass beds. Where this is not possible, boat docks shall be sited to impact the
smallest areas of sea-grass beds possible, be no lower than 3.5 feet NGVD, have a terminal
platform no greater than 160 square feet, and have the access dock be no wider than 4 feet.
Policy Achievement Analysis:
Policy 6.3.2 stipulates that impacts to sea-grass beds are to be minimized by locating boat docks more
than 10 feet from existing sea-grass beds. Where this is not possible,boat docks are to be sited in such
manner as to impact the smallest area of sea-grass beds possible, and to be no lower than 3.5 feet
NGVD,have a terminal platform no greater than 160 square feet, and have the access dock be no wider
than 4 feet.
This Policy remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop—Suggesting
that a reference to the required maintenance dredging permit be inserted within the Policy; and
additional Policies be added, if necessary, to protect sea grasses from dredging activities.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change is
recommended, as dredging is regulated by the State of Florida and Federal government, not the
County. Maintenance dredging is generally allowed by these agencies. Mitigation may be required and
determined during permitting with the State and Federal agencies.
Seagrass protection issues are required to be addressed by the Florida Fish and Wildlife Conservation
Commission pursuant to the Florida Manatee Management Plan adopted by the State in December
2007. The plan calls for implementation of a statewide seagrass management plan, creation of an
interagency statewide seagrass monitoring plan, and evaluation of the feasibility of a rule for the
protection of the state's seagrass resources.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing - Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
Policy 6.3.3
The protection of sea-grass beds shall be a factor in establishing new, or revising existing,
speed zones to regulate boat traffic.
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy Achievement Analysis:
Policy 6.3.3 states that the protection of sea-grass beds is to be a factor in establishing new, or in
revising existing, speed zones to regulate boat traffic. Due to the new FWC Rule Change, FWC does
not allow for speed zones to be established based on benthic resources. n
This Policy is no longer relevant and should be deleted.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop—Suggesting
that the Policy be retained, but revised to reflect protection of manatee habitat.]
[Planning Commission (CCPC) Commentfrom the August 27, 2010 EAR Workshop—Suggesting that
the Policy be retained as written.]
[Environmental Advisory Council (EAC) Comment from the November 3, 2010 Adoption Hearing —
Suggesting that the Policy be retained as written.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the
EAC and CCPC that the Policy should be retained as written.]
OBJECTIVE 7.1:
The County shall direct incompatible land uses away from listed animal species and their
habitats. The County relies on the listing process of State and Federal agencies to identify
species that require special protection because of their endangered, threatened, or species of
special concern status. Listed animal species are those species that the Florida Fish and
Wildlife Conservation Commission has designated as endangered, threatened, or species of
special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. and
those species designated by various federal agencies as Endangered and Threatened species
published in 50 CFR 17.
[This Objective is provided for contextual purposes only; no change is proposed]
Policy Relevance:
Policy 7.1.2
Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non-
agricultural development, excluding individual single family residences, shall be directed away
from listed species and their habitats by complying with the following guidelines and
standards:
(1) A wildlife survey shall be required for all parcels when listed species are known to inhabit
biological communities similar to those existing on site or where listed species are directly
observed on the site. The survey shall be conducted in accordance with the requirements
of the Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and
Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of
the existence of any listed species that may be discovered.
(2) Wildlife habitat management plans for listed species shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated listed
species are utilizing the site, or the site contains potential habitat for listed species. These
plans shall describe how the project directs incompatible land uses away from listed
species and their habitats.
(a) Management plans shall incorporate proper techniques to protect listed species and
their habitat from the negative impacts of proposed development Developments shall
be clustered to discourage impacts to listed species habitats. Open space and
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
vegetation preservation requirements shall be used to establish buffer areas between
wildlife habitat areas and areas dominated by human activities. Provisions such as
fencing, walls, or other obstructions shall be provided to minimize development
impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors.
Appropriate roadway crossings, underpasses, and signage shall be used where roads
must cross wildlife corridors
1. The following references shall be used, as appropriate, to prepare the required
management plans;
a. South Florida Multi-Species Recovery Plan, USFWS, 1999.
b. Habitat Management Guidelines for the Bald Eagle in the Southeast Region,
USFWS, 1987.
c. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus
polyphemus) Populations found on Lands Slated for Large Scale Development in
Florida, Technical Report No. 4, Florida Game and Fresh Water Fish
Commission, 1987.
d. Ecology and Development-Related Habitat Requirements of the Florida Scrub
Jay (Aphelocoma coerulescens), Technical Report No. 8, Florida Game and
Fresh Water Fish Commission, 1991.
e. Ecology and Habitat Protection Needs of the Southeastern American Kestrel
(Falco Sparverius Paulus) on Large-scale Development Sites in Florida,
Nongame Techincal Report No. 13, Florida Game and Fresh Water Fish
Commission, 1993.
2. The County shall consider any other techniques recommended by the USFWS and
the FFWCC, subject to the provisions of paragraph (3) of this policy.
3. When listed species are directly observed on site or indicated by evidence, such as
denning, foraging or other indications, priority shall be given to preserving the listed
species habitats first, as a part of the retained native vegetation requirement
contained in Policy 6.1.1 and Policy 6.1.2 this element. The County shall also
consider the recommendations of other agencies, subject to the provisions of
^ paragraph (3)of this policy.
(b) For parcels containing gopher tortoises(Gopherus polyphemus), priority shall be given
to protecting the largest most contiguous gopher tortoise habitat with the greatest
number of active burrows, and for providing a connection to off site adjacent gopher
tortoise preserves.
(c) Habitat preservation for the Florida scrub jay(Aphelocoma coerulescens) shall conform
to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water
Fish Commission, 1991. The required management plan shall also provide for a
maintenance program and specify an appropriate fire or mechanical protocols to
maintain the natural scrub community. The plan shall also outline a public awareness
program to educate residents about the on-site preserve and the need to maintain the
scrub vegetation. These requirements shall be consistent with the UFWS South Florida
Multi-Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of
this policy.
(d) For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans
shall establish protective zones around the eagle nest restricting certain activities. The
plans shall also address restricting certain types of activities during the nesting
season. These requirements shall be consistent with the UFWS South Florida Multi-
Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this
policy.
(e) For the red-cockaded woodpecker (Picoides borealis), the required habitat protection
plan shall outline measures to avoid adverse impacts to active clusters and to minimize
impacts to foraging habitat. Where adverse effects cannot be avoided, measures shall
be taken to minimize on-site disturbance and compensate or mitigate for impacts that
remain. These requirements shall be consistent with the UFWS South Florida Multi-
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this
policy.
(f) In areas where the Florida black bear (Ursus americanus floridanus) may be present,
the management plans shall require that garbage be placed in bear-proof containers, at
one or more central locations. The management plan shall also identify methods to
inform local residents of the concerns related to interaction between black bears and
humans. Mitigation for impacting habitat suitable for black bear shall be considered in
the management plan.
(g) For projects located in Priority I and Priority II Panther Habitat areas, the management
plan shall discourage the destruction of undisturbed, native habitats that are preferred
by the Florida panther (Felis concolor coryi) by directing intensive land uses to
currently disturbed areas. Preferred habitats include pine flatwoods and hardwood
hammocks. In turn, these areas shall be buffered from the most intense land uses of
the project by using low intensity land uses (e.g., parks, passive recreational areas, golf
courses). Golf courses within the Rural Fringe Mixed Use District shall be designed
and managed using standards found in that district. The management plans shall
identify appropriate lighting controls for these permitted uses and shall also address
the opportunity to utilize prescribed burning to maintain fire-adapted preserved
vegetative communities and provide browse for white-tailed deer. These requirements
shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May
1999, subject to the provisions of paragraph (3)of this policy.
(h)In order to protect loggerhead (Caretta caretta) and other listed sea turtles that nest
along Collier County beaches, projects within 300 feet of the MHW line shall limit
outdoor lighting to that necessary for security and safety. Floodlights and landscape or
accent lighting shall be prohibited. These requirements shall be consistent with the
UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions
of Policy 7.1.2(3).
(i)The Management Plans shall contain a monitoring program for developments greater
than 10 acres.
(3) The County shall, consistent with applicable GMP policies, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservation Commission and recommendations from the US Fish and Wildlife Service in
issuing development orders on property containing listed species. It is recognized that
these agency recommendations, on a case by case basis, may change the requirements
contained within these wildlife protection policies and any such change shall be deemed
consistent with the Growth Management Plan.
Policy Achievement Analysis:
Policy 7.1.2 provides guidelines and standards for directing non-agricultural development, except for
individual single-family residences, away from listed species and their habitats. This policy does not
apply to lands located within the RLSA.
This Policy remains relevant and should be retained. However, the Policy should be modified to
remove the references to specific wildlife publications and plans listed in the Policy; add a general
reference to publications utilized by the FFWCC and USFWS as their technical assistance, since the
most current information used by these agencies should be used in protecting listed species; and, delete
the reference to mitigation for black bear habitat, as no such mitigation is required by the FFWCC or
USFWS.
[Environmental Advisory Council (EAC) Comment from the August 11. 2010 Workshop — Suggesting
to add a provision in (e) to encourage the retention of old growth slash pines for RCW nesting
habitat.]
40
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — No change is
recommended, as the Policy requires adverse impacts to active red-cockaded woodpecker (RCW)
clusters and their foraging habitat be minimized, and where adverse effects cannot be avoided, to
compensate or mitigate for impacts that remain. Old growth slash pines may not necessarily be
located in the best RCW foraging habitat, depending on how impacted the site is, and may be more
sensitive to die off with habitat restoration efforts.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing- Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.]
Policy 7.1.3
For the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM,
listed species shall protected pursuant to the RLSA policies found in the Future Land Use
Element.
Policy Achievement Analysis:
Policy 7.1.3 requires that, for the County's Rural Lands Stewardship Area (RLSA) Overlay, as
designated on the FLUM, listed species are to be protected pursuant to the RLSA policies found in the
Future Land Use Element.
This Policy remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop — Suggesting
to add the word, "be" before "protected" in the Policy text]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff-Comment — Staff concurs with the
n EAC and CCPC recommendations.]
Policy 7.1.6:
The County shall evaluate the need for the protection of listed plants and within one (1) year of
the effective date of this amendment adopt land development regulations addressing the
protection of listed plants.
Policy Achievement Analysis:
This Policy is no longer relevant and should be deleted, as the Land Development Code amendment to
implement this Policy has been adopted.
[Planning Commission (CCPC) Comment from the August 27, 2010 EAR Workshop—Suggesting that
the Policy be retained, but revised to reflect the continuance of the Policy objective.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment —Staff concurs with the
EAC and CCPC recommendations.]
OBJECTIVE 7.2
Historical data from 1990-1996 shows that the average number of manatee deaths in Collier
County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats.
Through Policies 7.2.1 through 7.2.3, the County's objective is to minimize the number of
manatee deaths due to boat related incidents.
41
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Objective Achievement Analysis:
Collier County's Manatee Protection Plan (NR-SP-93-01) was adopted within the Collier County Land
Development Code (LDC, Section 2.6.22 by adoption of Ordinance No. 95-58) in May of 1995, but
was not officially adopted into the County's Growth Management Plan until December 16, 2003, by n
the adoption of Ordinance 2003-67. The Manatee Protection Plan (MPP) has played a pivotal role in
the Florida Fish and Wildlife Conservation Commission's (FFWCC) decision-making process since its
adoption. In the years since the MPP was adopted, the FFWCC's Bureau of Protected Species
Management's permitting staff has depended primarily upon the MPP to provide consistent direction
for the siting of boat facilities within Collier County's jurisdictional waters. Moreover, the MPP lays
out regulatory groundwork for the protection of manatee habitat, such as seagrass beds.
This Objective remains relevant and should be retained. However, the Objective should be revised to
reflect the most up-to-date,best available data on manatee deaths in Collier County waters.
Policy Relevance:
Policy 7.2.2:
Sea-grass beds shall be protected through the application of Policies 6.3.1, 6.3.2 and 6.3.3 of
this element.
Policy Achievement Analysis:
Policy 7.2.2 stipulates that sea-grass beds are to be protected through the application of Policies 6.3.1,
6.3.2 and 6.3.3 of this element.
This Policy remains relevant and should be retained. However, the Policy should be revised to reflect
the proposed deletion of Policy 6.3.3,as it is no longer relevant.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop —Suggesting n
to retain the reference to Policy 6.3.3 within the Policy.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the
EAC recommendation.]
OBJECTIVE 7.3:
Analysis of historical data from 1996-1999 shows that the average number of sea turtle
disorientations in Collier County is approximately equal to 5% of the hatchlings from all nests
in the County. Through the following policies, the County's objective is to minimize the
number of sea turtle disorientations.
Objective Achievement Analysis:
This Objective remains relevant and should be retained. However, the Objective should be revised to
reflect the most up-to-date, best available data on sea turtle disorientation as follows, "Analysis of
historical data from 2005 —2009 shows that the average number of sea turtle disorientations in Collier
County is approximately equal to 4%of all the nests in the County..."
Policy Relevance:
Policy 7.3.1:
The County shall apply the lighting criteria contained in Policy 7.1.2(2)(i) of this element in
order to protect sea turtle hatchlings from adverse lighting conditions.
42 •'■
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy Achievement Analysis:
Policy 7.3.1 requires the County to apply the lighting criteria contained in Policy 7.1.2(2)(i) of this
element in order to protect sea turtle hatchlings from adverse lighting conditions.
This Policy remains relevant and should be retained, but the reference to Policy 7.1.2(2)(i) should be
revised to read, 7.1.2(2)(h).
OBJECTIVE 7.4:
The County shall continue to improve marine fisheries productivity by building additional
artificial reefs.
/This Objective is provided for contextual purposes only; no change is proposed]
Policy Relevance:
Policy 7.4.1:
The County should continue to apply for reef construction grants and annually place more
materials on the existing permitted sites.
Policy Achievement Analysis:
Policy 7.4.1 states that the County should continue to apply for reef construction grants and annually
place more materials on the existing permitted sites. Collier County applies for artificial reef grants
through FWC on a yearly basis. Since 2004, the Coastal Zone Management (CZM) Department has
been awarded three FWC grants for reef monitoring and deployment. Also, CZM staff has applied for
other grants through NOAA for marine debris removal.
This Policy remains relevant and should be retained. However, the Policy should be revised to refer to
"other funding opportunities."
OBJECTIVE 9.1:
The County shall implement and update biennially a hazardous materials emergency response
element as part of its Comprehensive Emergency Management Plan.
[This Objective is provided for contextual purposes only; no change is proposed]
Policy Relevance:
Policy 9.1.6:
A training program shall be developed for emergency response personnel.
Policy Achievement Analysis:
Policy 9.1.6 requires a training program to be developed for emergency response personnel.
This Policy remains relevant and should be retained, but the Policy should be revised to reflect that a
training program has been established.
Policy 9.1.7:
The Collier County Emergency Management Department shall be responsible for developing,
implementing, and evaluating the effectiveness of the plan, including periodic updates.
43
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy Achievement Analysis:
Policy 9.1.7 tasks the Collier County Emergency Management Department with developing,
implementing and periodically updating the hazardous materials emergency response element.
This Policy remains relevant and should be retained, but the Policy should be revised to reflect current
departmental reference.
OBJECTIVE 9.2:
The County shall verify the management and disposal practices of identified businesses that
are potential generators of hazardous waste,at a rate of 20%of these businesses per year.
[This Objective is provided for contextual purposes only; no change is proposed]
Policy Relevance:
Policy 9.2.3:
The Collier County Pollution Control and Prevention Department shall work with the Florida
Department of Environmental Protection (FDEP) to establish a new cooperative agreement
between the County and FDEP. The purpose of this agreement shall be to ensure an
additional layer of regulatory oversight in enforcing businesses to be compliant with federal,
state and local hazardous waste management regulations.
Policy Achievement Analysis:
Policy 9.2.3 states that, Collier County Pollution Control Department shall work with the Florida
Department of Environmental Protection (FDEP) to establish a new cooperative agreement between
the County and FDEP. The purpose of this agreement shall be to ensure an additional layer of
regulatory oversight in enforcing businesses to be compliant with federal, state and local hazardous
waste management regulations.
This Policy remains relevant and should be retained. However, the Policy should be revised to reflect
that the cooperative agreement has been established and will be maintained; suggest deleting"establish
a new" and replace with,"and maintain a."
OBJECTIVE 9.4:
The County shall continue to implement its local storage tank compliance program.
[This Objective is provided for contextual purposes only; no change is proposed]
Policy Relevance:
Policy 9.4.3:
All storage tank systems in Collier County shall adhere to the provisions of Section 62-761 or
62-762, Florida Administrative Code (F.A.C.) as applicable. Unless otherwise provided for
within Section 62-761, F.A.C., individual storage tank systems shall adhere to the provisions of
Section 62-761, F.A.C., in effect at the time of approval of the storage tank system.
Policy Achievement Analysis:
Policy 9.4.3 states that all tank systems shall adhere to the provisions of Sections 62-761 or 62-762,
Florida Administrative Code, as applicable.
44 n.
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
This Policy remains relevant and should be retained. However, the Policy should be revised to delete
the second sentence, as it is redundant.
OBJECTIVE 10.1:
Priorities for shoreline land use shall be given to water dependent uses over water related land
uses and shall be based on type of water-dependent use, adjacent land use, and surrounding
marine and upland habitat considerations. The Collier County Manatee Protection Plan (NR-
SP-93-01) May 1995 restricts the location of marinas and may limit the number of wet slips, the
construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting
criteria.
[This Objective is provided for contextual purposes only; no change is proposed]
Policy Relevance:
Policy 10.1.1:
Priorities for water-dependent and water-related uses shall be:
a. Public recreational facilities over private recreational facilities;
b. Public Boat Ramps;
c. Marinas
1. Commercial (public) marinas over private marinas;
2. Dry storage over wet storage;
d. Commercial fishing facilities;
e. Other non-polluting water-dependent industries or utilities;
f. Marine supply/repair facilities;
g. Residential development.
Policy Achievement Analysis:
Policy 10.1.1 prioritizes water-dependent and water-related uses according to public and private
recreational facilities, public boat ramps, marinas, commercial fishing facilities, other non-polluting
water-dependent industries or utilities,marine supply/service facilities, and residential development.
This Policy remains relevant and should be retained.
This Policy is affected by changes to Chapter 163, Florida Statues,which were adopted into law in
2005, as follows:
163.3178(2)(g): Expands requirement of coastal element to include strategies that will be used
to preserve recreational and commercial working waterfronts,as defined in s. 342.07,F.S.
[The CCME already contains marina siting criteria and the FLUE allows water dependent and
water related uses in the Urban designated waterfronts. Conservation designated lands do not
allow marinas.]
[Environmental Advisory Council (EAC) Commentfrom the August 11, 2010 Workshop—Suggesting
that additional strategies to preserve recreational and commercial working waterfronts be included
within the CCME]
Policy 10.1.5:
Marinas and all other water-dependent and water-related uses shall conform to all applicable
regulations regarding development in marine wetlands. Marinas and water-dependent/water-
related uses that propose to destroy wetlands shall provide for general public use.
45
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy Achievement Analysis:
Policy 10.1.5 requires marinas and all other water-dependent and water-related uses to conform to all
applicable regulations regarding development in marine wetlands. Where wetlands are proposed to be n
destroyed,public access shall be provided.
This Policy remains relevant and should be retained. However, the Policy should be revised for proper
sentence structure and to consistently refer to marine wetlands (perhaps modify second sentence to
replace"Marinas"with"Development of marinas"and to insert"marine"before"wetlands").
[Planning Commission (CCPC) Comment from the August 27. 2010 EAR Workshop—Suggesting that
the term "marine wetlands" be reworded for clarity]
[Environmental Advisory Council (EAC) Comment from the November 3, 2010 Adoption Hearing —
Suggesting that clarification or definition of"marine wetlands"is needed.]
Policy 10.1.6:
All new marinas, water-dependent and water-related uses that propose to destroy viable,
naturally functioning marine wetlands shall be required to perform a fiscal analysis in order to
demonstrate the public benefit and financial feasibility of the proposed development.
Policy Achievement Analysis:
Policy 10.1.6 requires all new marinas,water-dependent and water-related uses that propose to destroy
viable, naturally functioning marine wetlands to perform a fiscal analysis in order to demonstrate the
public benefit and financial feasibility of the proposed development. It is not appropriate to refer only
to "viable, naturally functioning marine wetlands" as the proposed destruction of any marine wetlands
should be subject to the fiscal analysis requirement. Also, it is not necessary to refer to "public
benefit" in this policy since Policy 10.1.5 requires such uses to be available "for general public use"
which is a public benefit.
This Policy remains relevant and should be retained. However, the Policy should be revised for proper
sentence structure and to perhaps modify to: replace "All" with "For development of all"; insert ", the
applicant"following"wetlands"; and,to delete both"viable, naturally functioning"and"public benefit
and."
OBJECTIVE 10.2:
The County shall continue to insure that access to beaches, shores and waterways remain
available to the public and continue with its program to expand the availability of such access
and a method to fund its acquisition.
[This Objective is provided for contextual purposes only; no change is proposed]
Policy 10.2.1:
Existing access for the public to the beach shall be maintained by new development. New
beachfront development shall show on their site-plans existing beach access ways and the
proposed development shall continue that access way, relocate it on the site, or donate it to
the County.
Policy Achievement Analysis:
46 '°-■
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy 10.2.1 requires that existing access for the public to the beach is to be maintained by new
development. New beachfront development will show on their site-plans existing beach access ways
and the proposed development will continue that access way, relocate it on the site, or donate it to the
County. Further,the County maintains beach access after it has been transferred via deed or easement.
This Policy remains relevant and should be retained. However, to make the Policy consistent with
Objective 1.1, the Policy should be revised to read, "...relocate it on the site as deemed appropriate by
Collier County..."
OBJECTIVE 10.3:
Undeveloped coastal barriers shall be maintained predominantly in their natural state and their
natural function shall be protected, maintained and enhanced.
Objective Achievement Analysis:
This Objective remains relevant and should be retained.
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop -Suggesting
that a reference to maps contained in the Land Development Code be added.]
[Post EAC and CCPC Workshops and Adoption Hearings-Staff Comment- The undeveloped coastal
barriers identified in the text of the Land Development Code and CCME Policy 10.6.1 are identified by
the Federal Coastal Barrier Resources System. A reference to the Federal Coastal Barrier Resources
System maps should be provided in CCME Objective 10.3.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing - Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments]
OBJECTIVE 10.4:
Developed coastal barriers and developed shorelines shall be continued to be restored and
then maintained, when appropriate by establishing mechanisms or projects which limit the
effects of development and which help in the restoration of the natural functions of coastal
barriers and affected beaches and dunes.
Objective Achievement Analysis:
This Objective remains relevant and should be retained. However, the Objective should be revised to
reflect needed grammatical changes, such as "Developed coastal barriers and developed shorelines
shall continue to be restored and maintained. Establish mechanisms or projects which limit the effects
of development and restores the natural functions of coastal barriers including beaches and dunes."
[Environmental Advisory Council (EAC) Comment from the August 11. 2010 Workshop -Suggesting
that Objective be revised to read, "...continue to be restored and then maintained... '7
OBJECTIVE 10.5:
For undeveloped shorelines, provide improved opportunities for recreational, educational,
scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and
by utilizing or where necessary establishing construction standards, which will minimize the
impact of manmade structures on the beach and dune systems.
Objective Achievement Analysis:
This Objective remains relevant and should be retained.
47
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
[Environmental Advisory Council (EAC) Comment from the August 11, 2010 Workshop—Suggesting
to insert, "mangroves"after "beach and dune systems" or add another Policy to address protection of
coastal mangroves.]
[Post EAC and CCPC Workshops and Adoption Hearings — Star Comment — No change is
recommended, as the undeveloped coastal barriers identified b the County and Federal Coastal
Barrier Resources System also include adjacent mangrove systems. Protection is also provided by
either conservation easements or Special Treatment overlay within the County. In addition, State and
Federal permits require minimizing the impacts to mangroves.]
[Board of County Commissioners (BCC) Comment from the January 31, 2011 Adoption Hearing- Concurs
with the post EAC and CCPC Workshop and Adoption Hearings staff comments.)
OBJECTIVE 10.6:
The County shall conserve the habitats, species, natural shoreline and dune systems
contained within the County's coastal zone.
[This Objective is provided for contextual purposes only; no change is proposed]
Policy Relevance:
Policy 10.6.2:
For shoreline development projects where an EIS is required, an analysis shall demonstrate
that the project will remain fully functional for its intended use after a six-inch rise in sea level.
Policy Achievement Analysis:
Policy 10.6.2 requires shoreline projects where an EIS is required, to provide an analysis
demonstrating that the project, remain fully functional for its intended use after a six-inch rise in sea
level. NOAA indicates that at current rates it will take 75 years to reach a 6"increase (2.02mm/year).
If the higher rates suggested by the SWFRPC Draft Climate Change report are used (2.3 mm/year) it
will still take approximately 66 years to reach a 6 "rise (refer to link below from NOAA). These time
frames are well beyond the accepted planning horizon.
NOAA Link: http://tidesandcurrents.noaa.gov/sltrends/sltrends station.shtml?stnid=8725110
The mean sea level trend is 2.02 millimeters/year with a 95%confidence interval of+/-0.60 mm/yr
based on monthly mean sea level data from 1965 to 2006 which is equivalent to a change of 0.66 feet
in 100 years.
48
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Mean Sea Level Trend—8725110 Naples, Florida
Naples,FL 2.02+1-0.60 mmlyr
0.6D-
WNW evaa sea level ih the Sarre.NOM
swop moral cycle moved
045— l.e>rtmd
—(bps PSS confidence it Val
—Lewin=Adam.dervd
0.30-
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-0.15—
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-0.60 1 1 I 1,q, ig� I%7 (f� 1 I 1 1 17% I 1 Tilt? 3 r I 1
j its lgi0 's 70 'ItS JOi'`S I 11%I% 7n T 0 T0'0 S ' 1%ii1 4070
'0 0 '0 0 '0 0 ''0 '0 V0'0 0 '0 SJ''0 'O 'O '0 '0 '0 'O '0 'O 0 '0 '0
2009 SWFRPC Draft Climate Change Report(excerpt below):
Potential Climate Futures: This study began by examining three sea level rise "severity" scenarios:
best case, worst case, and moderate case are based upon the results of Table 4, below. This table is
based on using Tables 9-1 and 9-2 of the USEPA Report "The Probability of Sea Level Rise."
Basically, the formula is multiplying the historic sea level rise (2.3 mm/yr) in Southwest Florida
(closest point used is St. Petersburg, Fl., Table 9-2)by the future number of years from 1990 plus the
Normalized Sea Level Projections in Table 9-1. For the study the 90%probability is considered the
best case,the 50%probability the moderate case,and the 5%probability the worst case scenario.
Staff believes that current building regulations, in combination with the National Flood Insurance
Program, provide adequate protection for all residents within the Special Flood Hazard Area (SFHA)
(100 year floodplain). The building code requires all buildings to be built at or above the 1% flood
elevation set by the FEMA Flood Insurance Rate Map (FIRM) program. FIRM maps use existing sea
level and they will be updated every 5 years. The building code requires all facilities within the SFHA
be brought into compliance with the Flood Damage Prevention ordinance with any major renovation
(improvement of greater than 51 % value of building). All buildings with federally backed mortgages
are required to obtain flood insurance.
This Policy is not relevant and should be deleted. However, one or more policies should be added to
require the County to monitor and work with federal, state and regional agencies to plan for sea level
rise in the future.
[Planning Commission (CCPC) Comment from the August 27, 2010 EAR Workshop—Suggesting that
the Policy be retained as written to account for life expectancy of buildings of over 75 years]
[Environmental Advisory Council (EAC) Comment from the November 3, 2010 Adoption Hearing —
The EAC is in agreement with the CCPC comment from the August 27, 2010 EAR Workshop.]
[Post EAC and CCPC Workshops and Adoption Hearings — Staff Comment — Staff concurs with the
EAC and CCPC recommendations.]
49
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
OBJECTIVE 12.1:
The County will maintain hurricane evacuation clearance times as required by state law. An
evacuation clearance time shall be defined as having residents and visitors in an appropriate
refuge away from storm surge prior to the arrival of sustained Tropical Storm force winds, i.e.,
winds equal to or greater than 39 mph. To further these objectives, for future mobile home
developments located outside of the storm surge zone, such development shall include on-
site sheltering or retro-fitting of an adjacent facility. The Collier County Emergency
Management Department shall seek opportunities to increase shelter facilities and associated
capacities under the direction of the Department of the Florida Division of Emergency
Management.
Objective Achievement Analysis:
While population growth has stabilized, the county is still considered to have a deficit of shelter space
that can be utilized for its population. Seasonal populations, economy and storm surge expected
without regard to category supports the need for additional shelter space.
This Objective remains relevant and should be retained.
This Objective is affected by changes to Chapter 163, Florida Statutes, which were adopted into law in
2006, as follows: [Note: This is not a mandate, rather an option should the County desire to increase
residential density within the CHHA through a GMPA.]
163.3178(9)(b) Requires the addition of a new section establishing a level of service for out-
of-county hurricane evacuation of no greater than 16 hours for a category 5 storm for any local
government that wishes to follow the process in s.163.3178(9)(a) but has not established such
a level of service by July 1,2008. Ch. 2006-68, LOF.
Policy Relevance:
Policy 12.1.1:
Collier County will develop and maintain a comprehensive public awareness program. The
program will be publicized prior to May 30th of each year. Evacuation zones, public shelters
and evacuation routes shall be printed in each local newspaper, displayed on the Collier
County Emergency Management website, and the availability of this information will be
discussed on local television newscasts. This information shall also be made readily available
to all hotel/motel guests.
Policy Achievement Analysis:
Policy 12.1.1 states that a comprehensive awareness program will be developed and publicized prior to
May 30th of each year. Evacuation zones and routings will be printed in each local newspaper. This
information will be made readily available to all hotel/motel guests and other alternative media forums.
The County cannot ensure that this information gets printed in each publication.
The Policy remains relevant and should be retained. However, the Policy should be revised to remove
the phrase, "printed in"and replace with"provided to."
Policy 12.1.3:
The County shall continue to identify and maintain shelter space for 32,000 persons by 2006
and 45,000 by 2010. Shelter space capacity will be determined at the rate of 20 square feet per
person.
50
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy Achievement Analysis:
Policy 12.1.3 requires that the County continue to identify shelter space that complies with Red Cross
standards for 32,000 persons by 2006 and 45,000 persons by 2010. Shelter space will be determined at
the rate of 20 square feet per person. Collier County recommends that these dates and numbers be
revised based upon the figures computed from the Southwest Florida Regional Planning Council's
Hurricane Evacuation Study Update.
This Policy remains relevant and should be retained. However,the Policy should be revised to reflect
current shelter space figures of 32,000 persons by 2012 and 45,000 persons by 2015.
Policy 12.1.5:
On-site shelters within mobile home parks or mobile home subdivisions shall be elevated to a
minimum height equal to or above the worst case Category 3 hurricane flooding level, based
upon the most current National Oceanic and Atmospheric Administration's storm surge
model, known as Sea, Lake, and Overland Surges from Hurricanes (SLOSH). The wind load
criteria for buildings and structures designated as "essential facilities" in the latest Florida
Building Code, shall guide the design and construction of the required shelters. Shelters shall
be constructed with emergency electrical power and potable water supplies; shall provide
glass protection by shutters or other approved material/device; and shall provide for
ventilation, sanitary facilities and first aid equipment. A telephone, automatic external
defibrillator(AED) and battery-operated radio are also required within the shelter.
Policy Achievement Analysis:
This Policy remains relevant and should be retained, except that the last sentence should be amended
to read, "battery operated radio with NOAA weather S.A.M.E. (Specific Area Message Encoded)
capability."
Policy 12.1.7:
The County shall update the hurricane evacuation portion of the Collier County
Comprehensive Emergency Management Plan prior to June 1st of each year by integrating all
appropriate regional and State emergency plans in the identification of emergency evacuation
routes.
Policy Achievement Analysis:
This Policy remains relevant and should be retained.
[Planning Commission (CCPC) Comment from the August 27, 2010 EAR Workshop — Suggesting to
add the requirement to "coordinate with municipalities.'J
[Post EAC and CCPC Workshops and Adoption Hearings —Staff Comment — Staff concurs with the
CCPC recommendation.]
Policy 12.1.9:
Collier County shall annually update its approved Hazard Mitigation Plan, formerly known as
the "Local Hazard Mitigation Strategy" through the identification of new or ongoing local
hazard mitigation projects and appropriate funding sources for such projects.
Policy Achievement Analysis:
This Policy remains relevant, but should be revised to read, "Collier County through its Local
Mitigation Working Group shall annually update its approved Local Mitigation Strategy (LMS),
51
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
through the identification and review of new or ongoing local hazard mitigation projects including,
appropriate funding sources for such projects."
Policy 12.1.11:
The County will continue to coordinate with Collier County Public Schools to ensure that all
new public schools outside of the Coastal High Hazard Area are designed and constructed to
meet the Public Shelter Design Criteria, as contained in "State Requirements for Educational
Facilities" (1999).
Policy Achievement Analysis:
This Policy remains relevant and should be retained, except that the referenced date should be revised
to reflect the year 2007.
Policy 12.1.12:
The County will continue to work with the Board of Regents of the State University System to
ensure that all new facilities in the State University System that are located outside of the
Coastal High Hazard Area are designed and constructed to meet the Public Shelter Design
Criteria, as contained in "State Requirements for Educational Facilities" (1999) and the Florida
Building Code.
Policy Achievement Analysis:
This Policy remains relevant and should be retained, except that the referenced date should be revised
to reflect the year 2007.
Policy 12.1.13:
The County will continue to mitigate previously identified shelter deficiencies through
mitigation from Developments of Regional Impact, Emergency Management Preparedness and
Enhancement grants, Hazard Mitigation and Pre-disaster Mitigation Grant Programs funding,
and from funds identified in the State's annual shelter deficit studies. ''
Policy Achievement Analysis:
This Policy remains relevant and should be retained. However, cost-sharing and other requirements
sometimes are not acceptable to the County. The Policy should be revised to delete the word "from"
after the word "and"; and, add the phrase, "...as funding requirements permit." at the end of the
paragraph.
Policy 12.1.14:
Prior to adoption of the 2007 Annual Update and Inventory Report (A.U.I.R.), Collier County
shall evaluate whether to include hurricane shelters in the 5-year schedule of Capital
Improvements.
Policy Achievement Analysis:
This Policy is no longer relevant and should be deleted, as the Board of County Commissioners does
not support the inclusion of hurricane shelters within the 5-year schedule of Capital Improvements.
Policy 12.1.15:
All new nursing homes and assisted living facilities that are licensed for more than 15 clients
will have a core area to shelter residents and staff on site. The core area will be constructed to
meet the Public Shelter Design Criteria that is required for new public schools and public
community colleges and universities ("State Requirements for Educational Facilities," 1999).
Additionally this area shall be capable of ventilation or air conditioning provided by back-up
generator for a period of no less than 48 hours.
52
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Policy Achievement Analysis:
This Policy remains relevant and should be retained. However, the Policy should be revised to make
^ consistent with current State and Local guidelines: delete the phrase, "...for more than 15 clients";
delete"48 hours"and replace with"72"hours; and revise the date reference to reflect"2007."
Policy 12.1.17:
Collier County is currently conducting a hurricane evacuation re-study. If warranted by the
results of these studies, further restriction on development may be proposed.
Policy Achievement Analysis:
This Policy remains relevant and should be retained. However, for clarity and accuracy, the County
recommends revising the Policy to read, "Hurricane Evacuation Studies for Collier County are
periodically conducted by the State of Florida and Federal Authorities. If warranted by the results of
these studies, further restriction on development may be proposed."
OBJECTIVE 12.2:
The County shall ensure that publicly funded buildings and publicly funded development
activities are carried out in a manner that demonstrates best practice to minimize the loss of
life, property, and re-building cost from the effects from hurricanes, flooding, natural and
technological disaster events. Best practice efforts may include, but are not limited to:
a. Construction above the flood plain;
b. maintaining a protective zone for wildfire mitigation;
c. installation of on-site permanent generators or temporary generator emergency connection
points;
d. beach and dune restoration, re-nourishment, or emergency protective actions to minimize
the loss of structures from future events;
e. emergency road repairs;
f. repair and/or replacement of publicly owned docking facilities, parking areas, and sea walls,
etc.
[This Objective is provided for contextual purposes only; no change is proposed]
Policy Relevance:
Policy 12.2.5:
The County shall consider the Coastal High Hazard Area as a geographical area lying within
the Category 1 storm surge zone as presently defined in the 2001 Southwest Florida Regional
Planning Council's Hurricane Evacuation Study, or subsequently authorized storm surge or
evacuation planning studies coordinated by the Collier County Emergency Management
Department and approved by the Board of County Commissioners.
Policy Achievement Analysis:
Policy 12.2.5 requires the County to consider the coastal high-hazard area as that area lying within the
Category 1 evacuation zone as defined in the 2001 Southwest Florida Regional Planning Council
Hurricane Evacuation Study.
It should be noted that the draft 2011 Evacuation Study has been completed, but is still under review
by staff and the State.
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
This Policy is affected by changes to Chapter 163, Florida Statutes, which were adopted into law in
2006,as follows:
163.3178(2)(h) Requires a change to the definition of the Coastal High Hazard Area(CHHA) ,••
to be defined as the area below the elevation of the category 1 storm surge line as established
by the SLOSH model. Ch. 2006-68, LOF.
This Policy remains relevant and should be retained, except that the definition of the CHHA should be
revised consistent with 2006 legislative changes.
OBJECTIVE 12.3:
The County shall develop and maintain a task force that will plan and guide a unified County
response to post-hurricane disasters.
[This Objective is provided for contextual purposes only; no change is proposed]
Policy Relevance:
Policy 12.3.2:
After a hurricane that necessitated an evacuation, the Board of County Commissioners shall
meet to hear preliminary damage assessments. This will be done prior to re-entry of the
population. At that time, the Commission will activate the recovery task force and consider a
temporary moratorium on building activities not necessary for the public health, safety and
welfare.
Policy Achievement Analysis:
Policy 12.3.2 states that, after a hurricane that necessitated an evacuation, the Board of County
Commissioners will meet to hear preliminary damage assessments. This will be done prior to re-entry
of the population. At that time, the Commission will activate the recovery task force and consider a
temporary moratorium on building activities not necessary for the public health, safety and welfare.
This Policy remains relevant and should be retained. However, the Policy should be revised to remove
the second sentence, and change"will"to "may"in the last sentence.
Policy 12.3.3:
The Recovery Task Force shall include the Sheriff of Collier County, the Community
Development and Environmental Services Division Administrator, the Comprehensive
Planning Director, the Zoning and Land Development Review Director, the Emergency
Management Director and other members as directed by the Board of County Commissioners.
The Board should also include representatives from municipalities within Collier County that
have received damage from the storm to become members of the Recovery Task Force.
Policy Achievement Analysis:
Policy 12.3.3 recommends that the recovery task force will include local law enforcement authorities,
the Community Development Administrator, Public Works Administrator, Planning and Zoning
Director, Emergency Management Director and other members as directed by the Board of County
Commissioners. Representatives from municipalities receiving damage from the storm should also be
members of the recovery task force.
This Policy remains relevant and should be retained. However, the Policy should be revised to reflect
current departmental references.
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT
OBJECTIVE 12.4:
The County shall make every reasonable effort to meet the emergency preparedness
requirements of people with special needs such as the elderly, handicapped, the infirmed and
those requiring transportation from a threatened area. In the event of a countywide
emergency, such as a hurricane or other large-scale disaster, the County Emergency
Management Department shall open and operate one or more refuges for persons listed on the
County's Special Needs Registry and their caregivers. Medical and support equipment at such
refuges will include, but not necessarily be limited to, respirators, oxygen tanks, first aid
equipment, disaster cots and blankets, and defibrillators.
Objective Achievement Analysis:
This Objective remains relevant and should be retained. However, the Objective should be revised as
follows: delete, "people with special needs" and replace with "Persons with Special Needs (PSN)"
within the first sentence; delete "...the County Emergency Management Department shall..." and
replace with "...the County Emergency Management Department in coordination with the Collier
County Health Department and other officials shall..."
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CONSERVATION AND COASTAL MANAGEMENT ELEMENT